CERTIFICATION OF TRUST

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

// GUIDANCE: The Illinois Trust Code (760 ILCS 3/) was enacted effective January 1, 2020,
// replacing the former Illinois Trusts and Trustees Act (760 ILCS 5/). Section 1013
// governs certifications of trust and is based in part on the Uniform Trust Code § 1013.
// Practitioners should confirm that no legislative amendments have been enacted since
// this template was drafted.

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").

// GUIDANCE: 760 ILCS 3/1013(a)(1) requires a statement that the trust exists and
// the date the trust instrument was executed.

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 pursuant to 765 ILCS 405/ (Illinois Land Trust Act)

☐ Other: [________________________________]

// GUIDANCE: Illinois has a unique "land trust" vehicle under 765 ILCS 405/. A land
// trust is a specialized form of trust used primarily for holding title to real
// property. If the trust is a land trust, different provisions and documentation
// may apply. This template is designed for standard personal trusts; a separate
// template should be used for Illinois land trusts.

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

// GUIDANCE: While the statutory text of 760 ILCS 3/1013 focuses on specific required
// elements, identifying the settlor is standard practice and expected by most
// financial institutions and title companies in Illinois.

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 (as determined pursuant to the trust instrument or 760 ILCS 3/705)

☐ 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

// GUIDANCE: 760 ILCS 3/1013(a)(2) requires disclosure of: (i) the revocability or
// irrevocability of the trust; (ii) whether the trust is amendable or unamendable;
// and (iii) the identity of any person holding a power to revoke the trust.
// NOTE: Illinois separately addresses both revocability AND amendability — this is
// a distinctive Illinois requirement not found in all states. Under 760 ILCS 3/602,
// a settlor may revoke or amend a revocable trust unless the trust terms provide otherwise.

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:

// GUIDANCE: This is a specific Illinois statutory requirement under 760 ILCS 3/1013(a)(2).
// Some trusts may be irrevocable but still amendable in certain respects, or
// revocable but with restrictions on amendments.

☐ 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

// GUIDANCE: 760 ILCS 3/1013(a)(3) requires disclosure of the authority of co-trustees
// to sign or otherwise authenticate and whether all or less than all are required to
// exercise powers of the trustee.

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: [________________________________]

// GUIDANCE: Under 760 ILCS 3/703(a), co-trustees who are unable to reach a unanimous
// decision may act by majority decision. A vacancy in a co-trusteeship need not be
// filled if there is at least one remaining co-trustee.

VI. TAXPAYER IDENTIFICATION NUMBER

// GUIDANCE: 760 ILCS 3/1013(a)(4) specifically requires inclusion of the trust's
// taxpayer identification number. This is a distinctive Illinois requirement that
// is NOT found in many other states' certification of trust statutes. This element
// is MANDATORY under the Illinois Trust Code.

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: [________________________________]

// GUIDANCE: Even for revocable grantor trusts that use the Settlor's SSN for federal
// tax purposes, Illinois law requires the taxpayer identification number to be
// included in the certification. Consider privacy concerns when providing this
// information and discuss with counsel whether to provide only the last four digits
// in situations where the full number is not strictly necessary.

VII. POWERS OF THE TRUSTEE

// GUIDANCE: While trustee powers are not specifically enumerated as a required element
// in 760 ILCS 3/1013(a), including relevant trustee powers is standard practice and
// is typically required by financial institutions and title companies. Under 760 ILCS
// 3/815, a trustee has broad default powers including all powers conferred by the
// trust instrument and all powers appropriate to achieve the proper investment,
// management, and distribution of trust property.

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, hold, and retain trust property (760 ILCS 3/815(b)(2));

(c) The power to receive additional property from any source (760 ILCS 3/815(b)(3));

(d) The power to acquire or sell property, including real property, for cash or on credit, at public or private sale (760 ILCS 3/815(b)(6)-(7));

(e) The power to exchange, partition, and change the character of trust property (760 ILCS 3/815(b)(8));

(f) The power to grant easements, create restrictions, and release rights (760 ILCS 3/815(b)(10));

(g) The power to enter into leases for any term, including terms extending beyond the duration of the trust (760 ILCS 3/815(b)(9));

(h) The power to borrow money and encumber trust property, including the power to execute promissory notes, mortgages, and security agreements (760 ILCS 3/815(b)(12));

(i) The power to deposit trust funds in financial institutions (760 ILCS 3/815(b)(14));

(j) The power to invest and reinvest trust assets pursuant to the Illinois Prudent Investor Rule (760 ILCS 5/5);

(k) The power to employ and compensate agents, attorneys, auditors, and other professionals (760 ILCS 3/815(b)(23));

(l) The power to prosecute or defend actions, claims, or proceedings for the protection of trust property and the Trustee (760 ILCS 3/815(b)(24));

(m) The power to execute and deliver all instruments necessary to accomplish trust purposes (760 ILCS 3/815(b)(27)); 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 [__/__/____]

// GUIDANCE: The standard Illinois form for taking title is:
// "[Trustee Name], as Trustee of the [Trust Name] dated [Date]"
// For Illinois land trusts (765 ILCS 405/), title is held in the name of the
// land trustee with a trust number, without disclosing the beneficiaries.
// This template is for standard personal trusts, not land trusts.

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(b), 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.

// GUIDANCE: Under 760 ILCS 3/1013(c), a recipient of this certification MAY require
// the trustee to furnish copies of those excerpts from the original trust instrument
// and later amendments that designate the trustee and confer upon the trustee the
// power to act in the pending transaction. This is a limited right — the recipient
// may NOT demand the full trust instrument.

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

// GUIDANCE: Under 760 ILCS 3/1013(d), a certification of trust must be signed or
// otherwise authenticated by ONE OR MORE of the trustees. Illinois does NOT require
// ALL trustees to sign, but the statute requires at least one trustee's signature.
// Additionally, 760 ILCS 3/1013(d) provides that a third party MAY require that
// the certification be acknowledged (notarized). This is a unique Illinois provision —
// the right to demand acknowledgment belongs to the third party, not the trustee.

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: [__/__/____]

// GUIDANCE: Add additional signature blocks as needed for additional trustees.

XIV. NOTARIAL ACKNOWLEDGMENT

// GUIDANCE: Under 760 ILCS 3/1013(d), a third party MAY require that the certification
// be acknowledged. While not mandatory in all cases, it is best practice to include
// a notarial acknowledgment. Illinois notarial acts are governed by the Illinois
// Notary Public Act (5 ILCS 312/).

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)

// GUIDANCE: The Illinois notarial acknowledgment form is governed by 5 ILCS 312/6-103.
// Illinois notaries must include their commission expiration date and affix their
// official seal. If multiple trustees sign, separate acknowledgments may be needed.

XV. ILLINOIS-SPECIFIC NOTES AND REQUIREMENTS

// GUIDANCE: Review and customize these notes as applicable to the specific transaction.

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)(4). 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)(2) 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(d), 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(d), 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 unique "land trust" vehicle under 765 ILCS 405/. 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 30/5, instruments affecting real property must be recorded in the county where the property is located.

8. Transfer Tax Exemptions. Illinois imposes real estate transfer taxes under 35 ILCS 200/31-1 et seq. Transfers to or from a revocable living trust where there is no change in beneficial ownership may qualify for an exemption. Check local municipal transfer tax requirements as well (e.g., City of Chicago transfer tax).

9. Illinois Income Tax. Illinois imposes income tax on trusts under 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 full trust instrument without reasonable cause after receiving a valid certification of trust may be held liable for damages, including reasonable attorney's fees, incurred as a result of the refusal.

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.

[END OF CERTIFICATION OF TRUST]