Certification of Trust - Hawaii

CERTIFICATION OF TRUST

State of Hawaii

Pursuant to HRS § 554D-1013

FOR RECORDING PURPOSES:

Tax Map Key (TMK): [________________________________]

Return Recorded Document To:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

// GUIDANCE: Include TMK and recording block only for real property transactions.
// Hawaii uses the Tax Map Key system for property identification. For Land Court
// property, a Transfer Certificate of Title (TCT) number should also be referenced.
// Determine whether the property is in the Land Court system (registered) or the
// Regular System (unregistered) as recording procedures differ.

SECTION 1: TRUST IDENTIFICATION

The undersigned Trustee, acting pursuant to HRS § 554D-1013, hereby furnishes this Certification of Trust in lieu of a copy of the trust instrument and certifies and declares the following:

1.1 Trust Name:

Pursuant to HRS § 554D-1013(a)(1), the name of the trust is:

[________________________________]

(hereinafter referred to as the "Trust").

1.2 Trust Existence and Date of Execution:

Pursuant to HRS § 554D-1013(a)(1), the Trust exists and the trust instrument was executed on [__/__/____].

1.3 Amendments and Restatements:

☐ The Trust has not been amended or restated since its original execution.

☐ The Trust has been amended and/or restated on the following dates:

1.4 Trust Type:

☐ Inter Vivos (Living) Trust

☐ Testamentary Trust

☐ Other: [________________________________]

1.5 Situs and Governing Law:

The Trust is administered in: [________________________________]

The Trust is governed by the laws of: [________________________________]

// GUIDANCE: Hawaii adopted the Uniform Trust Code effective January 1, 2022
// (Act 125, SLH 2021), replacing the prior trust statutes under HRS Chapter 554.
// For trusts created before this effective date, transitional provisions under
// HRS § 554D-1106 should be reviewed to determine applicability.

SECTION 2: SETTLOR IDENTIFICATION

2.1 Identity of Settlor(s):

The Trust was established by the following Settlor(s):

2.2 Settlor Status:

☐ The Settlor(s) is/are currently living.

☐ One or more Settlor(s) is/are deceased.

SECTION 3: TRUSTEE IDENTIFICATION AND POWERS

3.1 Currently Acting Trustee(s):

The following individual(s) or entity(ies) are the currently acting Trustee(s) of the Trust:

3.2 Authority of Co-Trustees:

Pursuant to HRS § 554D-1013(a)(6), the authority of co-trustees to sign or otherwise authenticate is described as follows:

☐ All co-trustees must act jointly to exercise the powers of the Trustee.

☐ A majority of co-trustees may exercise the powers of the Trustee, consistent with HRS § 554D-703.

☐ Any single co-trustee may independently exercise the powers of the Trustee.

☐ Other arrangement per trust instrument: [________________________________]

// GUIDANCE: Under HRS § 554D-703, co-trustees who are unable to reach a unanimous
// decision shall act by majority decision. If the trust instrument modifies this
// default rule, the modification should be described here.

3.3 Delegation to Agent:

Pursuant to HRS § 554D-1013(a)(7):

☐ The trust instrument does NOT prohibit delegation of actions to an agent.

☐ The trust instrument restricts delegation to agents as follows:

[________________________________]

☐ The following action is being undertaken through an agent, and such delegation is permitted:

Agent Name: [________________________________]

Scope of Delegation: [________________________________]

// GUIDANCE: HRS § 554D-1013(a)(7) is unique to Hawaii's adoption of the UTC. It
// requires the certification to address whether delegation to an agent is prohibited
// by the trust instrument. This provision is not found in many other state
// certification of trust statutes. Ensure this section is completed when actions
// are being taken through an agent or power of attorney.

3.4 Trustee Powers:

The Trustee(s) has/have the following powers under the Trust instrument and HRS § 554D-816, including but not limited to:

☐ Power to acquire, sell, exchange, lease, and convey real and personal property

☐ Power to borrow money, guarantee obligations, and encumber trust property

☐ Power to open and manage deposit accounts, investment accounts, and safe deposit boxes

☐ Power to collect, hold, manage, invest, and reinvest trust assets

☐ Power to execute contracts, deeds, conveyances, leases, and other instruments

☐ Power to employ and compensate agents, attorneys, accountants, and advisors

☐ Power to make distributions to beneficiaries as provided in the trust instrument

☐ Power to deal with interests in Hawaiian entities (LLCs, corporations, partnerships)

☐ Power to manage and protect trust property, including property insurance

☐ Power to prosecute, defend, or settle claims and legal proceedings

☐ Other powers: [________________________________]

SECTION 4: TRUST PROPERTY PROVISIONS

4.1 Title to Trust Property:

Title to trust assets is to be taken in the following manner:

[________________________________], as Trustee of the [________________________________], dated [__/__/____].

4.2 Real Property in Hawaii:

☐ This certification relates to real property in Hawaii.

Island: [________________________________]

County: [________________________________]

Tax Map Key (TMK): [________________________________]

☐ Land Court (Registered) Property - TCT No.: [________________________________]

☐ Regular System (Unregistered) Property

// GUIDANCE: Hawaii has a dual system of land registration. Land Court property
// (registered under HRS Chapter 501) requires filings with the Assistant Registrar
// of the Land Court. Regular System property is recorded with the Bureau of
// Conveyances under HRS Chapter 502. The recording procedures and requirements
// differ significantly between the two systems.

4.3 Taxpayer Identification Number:

☐ Social Security Number (if grantor trust): XXX-XX-[________________________________]

☐ Employer Identification Number (EIN): [________________________________]

SECTION 5: REVOCABILITY STATUS

5.1 Trust Revocability:

Pursuant to HRS § 554D-1013(a)(5):

☐ The Trust is REVOCABLE. The following person(s) hold(s) the power to revoke the Trust:

Name: [________________________________]

Capacity: [________________________________]

☐ The Trust is IRREVOCABLE.

☐ The Trust became irrevocable upon the occurrence of the following event:

[________________________________] on [__/__/____].

// GUIDANCE: Under HRS § 554D-602, unless the terms of the trust expressly provide
// that the trust is irrevocable, the settlor may revoke or amend the trust. This
// follows the UTC default of presumed revocability. Confirm the trust instrument's
// express terms regarding revocability.

SECTION 6: SUCCESSOR TRUSTEE INFORMATION

6.1 Successor Trustee(s):

The Trust instrument designates the following successor Trustee(s):

6.2 Method of Successor Appointment:

☐ As specified in the trust instrument

☐ By the Settlor during the Settlor's lifetime

☐ By the outgoing Trustee

☐ By unanimous agreement of qualified beneficiaries under HRS § 554D-704

☐ By court appointment under HRS § 554D-704

☐ Other: [________________________________]

SECTION 7: STATUTORY DISCLOSURES AND REPRESENTATIONS

7.1 Non-Disclosure of Dispositive Terms: Pursuant to HRS § 554D-1013(c), this Certification of Trust is not required to contain the dispositive terms of the Trust. A recipient of this Certification may require the Trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the Trustee and confer upon the Trustee the power to act in the pending transaction, as authorized by HRS § 554D-1013(d).

7.2 Accuracy Representation: Pursuant to HRS § 554D-1013(b), this Certification states that the Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification to be incorrect.

7.3 Reliance Protection: Pursuant to HRS § 554D-1013(e), a person who acts in reliance upon this Certification of Trust without knowledge that the representations contained herein are incorrect shall not be liable to any person for so acting and may assume without inquiry the existence of the facts contained in this Certification.

7.4 Good Faith Transaction Enforcement: Pursuant to HRS § 554D-1013(f), a person who in good faith enters into a transaction in reliance upon this Certification of Trust may enforce the transaction against the trust property as if the representations contained in this Certification were correct.

7.5 Liability for Bad Faith Demands: Pursuant to HRS § 554D-1013(g), a person who demands the trust instrument in addition to or in lieu of this Certification without acting in good faith may be liable for damages, including attorney's fees and costs.

7.6 Purpose of Certification:

This Certification is furnished in connection with the following transaction or purpose:

[________________________________]

SECTION 8: CERTIFICATION AND EXECUTION

Pursuant to HRS § 554D-1013(b), this Certification of Trust may be signed or otherwise authenticated by any trustee. The undersigned Trustee hereby certifies that all statements and representations contained in this Certification of Trust are true and correct as of the date set forth below.

TRUSTEE SIGNATURE(S):

Trustee 1:

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 3 (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 9: NOTARIZATION

// GUIDANCE: HRS § 554D-1013 does not expressly require notarization. However,
// notarization is strongly recommended and is typically required by title companies,
// escrow agents, and financial institutions in Hawaii. For any real property
// transaction, notarization is necessary for recording with the Bureau of Conveyances
// or Land Court. Hawaii permits remote notarization under HRS § 456-21.

STATE OF HAWAII

COUNTY OF [________________________________]

// GUIDANCE: Hawaii has four counties: Honolulu (O'ahu), Maui (Maui, Moloka'i,
// Lana'i, Kaho'olawe), Hawai'i (Big Island), and Kaua'i (Kaua'i, Ni'ihau).

On this ______ day of __________________, 20______, before me personally appeared:

[________________________________]

to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed.

☐ Personally known to me, OR

☐ Identified by the following means: [________________________________]

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.

Signature of Notary Public: ___________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Notary Certification Number: [________________________________]

Judicial Circuit: [________________________________]

[NOTARIAL SEAL/STAMP]

// GUIDANCE: Hawaii notaries are commissioned by judicial circuit. Include the
// circuit number on the notarial certificate. Hawaii notary certificates require
// a notary certification number per HRS § 456-15.

SECTION 10: HAWAII-SPECIFIC NOTES AND PRACTICE CONSIDERATIONS

10.1 Hawaii Uniform Trust Code (HRS Chapter 554D): Hawaii adopted the Uniform Trust Code effective January 1, 2022, pursuant to Act 125, Session Laws of Hawaii 2021. This replaced the prior trust statutes under HRS Chapter 554. The Hawaii UTC closely follows the uniform act but includes Hawaii-specific modifications. This Certification of Trust is governed by HRS § 554D-1013 within Article 10 (Liability of Trustees and Rights of Persons Dealing with Trustee).

10.2 Presumption of Revocability: Under HRS § 554D-602, a trust is presumed revocable unless the terms of the trust expressly provide that the trust is irrevocable. This follows the UTC default.

10.3 Agent Delegation Disclosure (Hawaii-Specific): HRS § 554D-1013(a)(7) includes a provision not found in all UTC-adopting states: if an action is to be undertaken through an agent, the certification must address whether delegation to an agent is prohibited by the trust instrument. Practitioners must complete Section 3.3 when any transaction involves an agent acting on behalf of the trustee.

10.4 Dual Land Registration System: Hawaii maintains two parallel systems for recording interests in real property: the Land Court system (registered land under HRS Chapter 501) and the Regular System (Bureau of Conveyances under HRS Chapter 502). The appropriate system must be used based on how the property was originally registered. Title searches must be conducted in the correct system.

10.5 Conveyance Tax: Under HRS § 247-1 et seq., transfers of real property in Hawaii are subject to the conveyance tax. Certain trust transfers may be exempt, and practitioners should verify exemption eligibility.

10.6 Hawaiian Home Lands: Properties held under Hawaiian Home Lands leases (HRS Chapter 171) have special restrictions on transfer and encumbrance. A trust holding Hawaiian Home Lands interests must comply with the Department of Hawaiian Home Lands requirements, and the trustee's authority may be limited by those restrictions.

10.7 Community Property Trust: Hawaii does not have a community property system. However, married couples may hold property as tenants by the entirety. When a trust acquires property formerly held as tenants by the entirety, practitioners should address the consequences for creditor protection.

10.8 Transitional Provisions: Under HRS § 554D-1106, the Hawaii UTC applies to all trusts regardless of when they were created. However, certain provisions apply only prospectively. Practitioners should review the transitional rules when certifying trusts created before January 1, 2022.

// GUIDANCE: Hawaii trust law and real property law contain unique features reflecting
// the state's distinct legal heritage. Attorneys should be familiar with local practice
// requirements, particularly regarding the dual land registration system and county-
// specific recording procedures. Verify all statutory citations at
// https://www.capitol.hawaii.gov/hrscurrent/.

This Certification of Trust is prepared pursuant to HRS § 554D-1013 and is intended to furnish sufficient information to establish the existence of the Trust and the authority of the Trustee(s) without disclosing the dispositive terms of the Trust instrument.

DOCUMENT CONTROL:

Template Version: 1.0

Jurisdiction: State of Hawaii

Governing Statute: HRS § 554D-1013

Last Updated: 2026-03-31