Certification of Trust - Illinois

CERTIFICATION OF TRUST

Pursuant to 760 ILCS 3/1013 (Illinois Trust Code)

STATE OF ILLINOIS

COUNTY OF [________________________________]

I. TRUST EXISTENCE AND IDENTIFICATION

The undersigned, being one or more of the currently acting Trustee(s) of the trust described herein, hereby certify pursuant to 760 ILCS 3/1013 of the Illinois Trust Code the following:

1. Trust Existence:

A trust exists under the name: [________________________________] (the "Trust").

2. Date of Execution:

The Trust instrument was executed on [__/__/____].

3. Trust Type:

☐ Inter vivos (living) trust

☐ Testamentary trust created under the Last Will and Testament of [________________________________]

☐ Land trust (a common-law title-holding arrangement excluded from the Illinois Trust Code by 760 ILCS 3/102(1); beneficial interests in such trusts are subject to disclosure requirements under the Land Trust Beneficial Interest Disclosure Act, 765 ILCS 405/)

☐ Other: [________________________________]

4. Amendments and Restatements:

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

☐ The Trust has been amended. The dates of all amendments are as follows:

☐ The Trust has been completely restated. The date of the most recent restatement is: [__/__/____].

5. Governing Law:

The Trust is governed by the laws of the State of Illinois, including the Illinois Trust Code (760 ILCS 3/).

II. SETTLOR IDENTIFICATION

6. Identity of Settlor(s):

The Settlor(s) (also referred to as Grantor(s)) of the Trust is/are:

7. Settlor Status:

☐ Settlor is living.

☐ Settlor is deceased. Date of death: [__/__/____]. County of domicile at death: [________________________________], Illinois.

☐ Co-Settlor is living.

☐ Co-Settlor is deceased. Date of death: [__/__/____].

III. TRUSTEE IDENTIFICATION

8. Currently Acting Trustee(s):

The currently acting Trustee(s) of the Trust is/are:

9. Trustee Succession:

The currently acting Trustee(s) named above is/are serving as:

☐ Original Trustee(s) named in the Trust instrument.

☐ Successor Trustee(s), having succeeded to office pursuant to the terms of the Trust instrument.

☐ Trustee(s) appointed by the Circuit Court of [________________________________] County, Illinois.

10. Manner of Trustee Succession (if applicable):

☐ Death of prior Trustee

☐ Resignation of prior Trustee

☐ Incapacity of prior Trustee (a vacancy-triggering event under 760 ILCS 3/704(a)(7), as determined pursuant to the trust instrument)

☐ Removal of prior Trustee by court order

☐ Removal of prior Trustee pursuant to trust terms

☐ Not applicable — original Trustee(s) currently serving

☐ Other: [________________________________]

IV. REVOCABILITY AND AMENDABILITY

11. Revocability Status:

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

    Name(s): [________________________________]

☐ The Trust is irrevocable and may not be revoked.

☐ The Trust became irrevocable upon the death of the Settlor on [__/__/____].

☐ The Trust became irrevocable by its own terms on [__/__/____].

12. Amendability Status:

☐ The Trust is amendable. The following person(s) hold the power to amend the Trust:

    Name(s): [________________________________]

    Limitations on amendment power (if any): [________________________________]

☐ The Trust is unamendable and may not be amended.

V. AUTHORITY OF CO-TRUSTEES

13. Co-Trustee Signature Authority:

☐ There is only one currently acting Trustee.

☐ There are multiple currently acting Trustees. The signature authority is as follows:

    ☐ All currently acting Trustees must sign or otherwise authenticate to exercise any power.

    ☐ Any one Trustee may act alone to exercise any power.

    ☐ A majority of the currently acting Trustees may act to exercise powers pursuant to 760 ILCS 3/703(a).

    ☐ The signature authority is as follows: [________________________________]

VI. TAXPAYER IDENTIFICATION NUMBER

14. Taxpayer Identification Number:

☐ The Trust uses the Settlor's Social Security Number (for revocable grantor trusts): [________________________________]

☐ The Trust's Employer Identification Number (EIN) is: [________________________________]

VII. POWERS OF THE TRUSTEE

15. Trustee Powers:

The Trust instrument grants the Trustee(s) the following powers, including but not limited to:

(a) All powers conferred upon a trustee by 760 ILCS 3/815, including powers appropriate to achieve the proper investment, management, and distribution of trust property;

(b) The power to collect trust property and accept or reject additions to the trust property from a settlor or any other person (760 ILCS 3/816(1));

(c) The power to receive additional property from any source (760 ILCS 3/816(1));

(d) The power to acquire or sell property, including real property, for cash or on credit, at public or private sale (760 ILCS 3/816(2));

(e) The power to exchange, partition, and change the character of trust property (760 ILCS 3/816(3));

(f) The power to grant public or private easements, dedicate land, and release rights with respect to real property (760 ILCS 3/816(8), 816(38));

(g) The power to enter into leases for any purpose as lessor or lessee, including terms extending beyond the duration of the trust (760 ILCS 3/816(9));

(h) The power to borrow money and encumber trust property, including the power to execute promissory notes, mortgages, and security agreements (760 ILCS 3/816(5));

(i) The power to deposit trust funds in a regulated financial-service institution (760 ILCS 3/816(4));

(j) The power to invest and reinvest trust assets pursuant to the Illinois Prudent Investor Rule (760 ILCS 3/901 et seq.; the prudent investor rule was recodified into the Illinois Trust Code by P.A. 101-48, eff. Jan. 1, 2020, replacing the former Trusts and Trustees Act prudent investor provisions);

(k) The power to employ and compensate agents, attorneys, auditors, financial advisors, and other professionals (760 ILCS 3/816(28));

(l) The power to prosecute or defend actions, claims, or proceedings for the protection of trust property and the Trustee (760 ILCS 3/816(24));

(m) The power to execute and deliver contracts, notes, conveyances, and other instruments necessary to accomplish trust purposes (760 ILCS 3/816(25)); and

(n) All other powers conferred by the Trust instrument and applicable Illinois law.

☐ Additional specific powers relevant to the current transaction:

[________________________________]

VIII. MANNER OF TAKING TITLE

16. Title to Trust Property:

Title to assets of the Trust should be taken in the following manner:

[________________________________], as Trustee(s) of the [________________________________], dated [__/__/____]

IX. REPRESENTATIONS AND WARRANTIES

17. The undersigned Trustee(s) hereby represent and warrant that, pursuant to 760 ILCS 3/1013:

(a) The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect;

(b) The information contained in this Certification of Trust is true and correct as of the date of execution;

(c) The Trustee(s) have the authority to act on behalf of the Trust in connection with the transaction or matter for which this Certification of Trust is being presented;

(d) There are no pending or threatened judicial proceedings in any Illinois Circuit Court or other court of competent jurisdiction that would affect the Trustee(s)' authority to act;

(e) No court has entered any order limiting or modifying the powers of the Trustee(s);

(f) The Trust is validly existing and has not been terminated; and

(g) The undersigned understand(s) that any person relying on this Certification without knowledge that the representations herein are incorrect is entitled to the protections set forth in 760 ILCS 3/1013.

X. INFORMATION NOT REQUIRED TO BE DISCLOSED

18. Pursuant to 760 ILCS 3/1013(d), this Certification of Trust need not contain the dispositive terms of the Trust. The undersigned Trustee(s) specifically decline to disclose:

(a) The identity of the beneficiaries of the Trust;

(b) The dispositive terms and provisions of the Trust;

(c) The specific distribution provisions of the Trust; and

(d) Any other terms not relevant to the pending transaction or required by statute.

XI. THIRD-PARTY RELIANCE AND PROTECTION

19. Pursuant to 760 ILCS 3/1013:

(a) A person who acts in reliance upon this Certification without knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained herein (760 ILCS 3/1013(f));

(b) A person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the trust property as if the representations contained herein are correct (760 ILCS 3/1013(g));

(c) A person making a demand for the full Trust instrument in addition to this Certification, where no reasonable basis for the demand exists, is liable for damages, including attorney's fees, incurred as a result of the refusal to accept this Certification (760 ILCS 3/1013(h)).

XII. SUCCESSOR TRUSTEE PROVISIONS

20. Designated Successor Trustees:

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

☐ Successor trustee information is not disclosed in this Certification.

XIII. EXECUTION

IN WITNESS WHEREOF, the undersigned, being one or more of the currently acting Trustee(s) of the Trust identified herein, have executed this Certification of Trust as of [__/__/____].

TRUSTEE:

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

TRUSTEE (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

XIV. NOTARIAL ACKNOWLEDGMENT

STATE OF ILLINOIS

COUNTY OF [________________________________]

I, [________________________________], a Notary Public in and for the County and State aforesaid, do hereby certify that [________________________________], personally known to me (or proved to me on the basis of satisfactory evidence) to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed, sealed, and delivered the said instrument as his/her/their free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and official seal this [__/__/____].

Notary Public, State of Illinois

Printed Name: _______________________________________________

My Commission Expires: [__/__/____]

(Notary Seal)

XV. ILLINOIS-SPECIFIC NOTES AND REQUIREMENTS

Important Illinois Legal Notes:

1. Illinois Trust Code. This Certification of Trust is authorized by 760 ILCS 3/1013, part of the Illinois Trust Code, which became effective January 1, 2020, replacing the former Trusts and Trustees Act (760 ILCS 5/).

2. Taxpayer Identification Number Required. Unlike many other states, Illinois specifically requires the trust's taxpayer identification number to be included in the certification of trust under 760 ILCS 3/1013(a)(7). This is a mandatory statutory element.

3. Amendability Disclosure. Illinois requires the certification to state whether the trust is "amendable or unamendable" in addition to revocable or irrevocable. This separate disclosure requirement under 760 ILCS 3/1013(a)(5) recognizes that a trust may be irrevocable but still amendable in certain respects.

4. Third Party's Right to Demand Acknowledgment. Under 760 ILCS 3/1013(b), a third party may require that the certification be acknowledged (notarized). This is a unique Illinois provision giving the third party the right to insist on notarization.

5. One or More Trustees May Sign. Under 760 ILCS 3/1013(b), the certification must be signed or otherwise authenticated by "one or more" of the trustees. All trustees are not required to sign, but at least one must.

6. Illinois Land Trusts. Illinois recognizes a common-law "land trust" title-holding vehicle that is expressly excluded from the Illinois Trust Code (760 ILCS 3/102(1)). Beneficial-interest disclosure obligations for land trusts, where applicable, arise under the Land Trust Beneficial Interest Disclosure Act (765 ILCS 405/), not a general "Illinois Land Trust Act." Land trusts are not governed by the same provisions as standard personal trusts. If the trust is a land trust, this template may not be appropriate, and separate documentation should be used.

7. Real Property Recording. For transactions involving Illinois real property, the certification may be recorded with the county recorder of deeds. Recording provides constructive notice of the trust's existence and the trustee's authority. Under 765 ILCS 5/28 (Conveyances Act), deeds, mortgages, and other instruments relating to or affecting title to real estate must be recorded in the county in which the real estate is situated.

8. Transfer Tax Exemptions. Illinois imposes real estate transfer taxes under the Real Estate Transfer Tax Law, 35 ILCS 200/31-1 et seq. The exemptions from transfer tax are enumerated in 35 ILCS 200/31-45; transfers to or from a revocable living trust where there is no change in beneficial ownership may, depending on the facts, qualify for an exemption (e.g., as a transfer without additional consideration under 35 ILCS 200/31-45(d) or for consideration under $100 under 35 ILCS 200/31-45(e)). Check local municipal transfer tax requirements as well (e.g., City of Chicago transfer tax), and confirm the applicable exemption category with counsel before relying on it.

9. Illinois Income Tax. Illinois imposes income tax on trusts under the Illinois Income Tax Act, 35 ILCS 5/. The trust's residency and tax obligations should be confirmed in connection with any transaction that may generate Illinois-source income.

10. Remedies for Unreasonable Demand. Under 760 ILCS 3/1013(h), a person who demands the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines the person did not act in good faith in demanding the trust instrument.

11. Transition from Former Law. Trusts created before January 1, 2020, may be subject to both the former Trusts and Trustees Act (760 ILCS 5/) and the Illinois Trust Code (760 ILCS 3/). Section 1013 applies to certifications of trust issued after the effective date regardless of when the trust was created.

This Certification of Trust is made pursuant to, and in compliance with, 760 ILCS 3/1013 (Illinois Trust Code). This document is not a complete copy of the Trust instrument and does not contain the dispositive provisions thereof.

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