Kentucky Certification of Trust

CERTIFICATION OF TRUST

Commonwealth of Kentucky

Pursuant to KRS 386B.10-120 of the Kentucky Uniform Trust Code

SECTION 1: TRUST IDENTIFICATION AND EXISTENCE

Pursuant to KRS 386B.10-120(1)(a), the undersigned hereby certifies that the following trust exists:

Trust Name: [________________________________]

Date of Trust Instrument Execution: [__/__/____]

Type of Trust:

☐ Revocable Living Trust
☐ Irrevocable Trust
☐ Testamentary Trust
☐ Charitable Trust
☐ Special Needs Trust
☐ Other: [________________________________]

Trust Taxpayer Identification Number (EIN/TIN): [________________________________]

Situs of Trust Administration: [________________________________], Kentucky

SECTION 2: SETTLOR IDENTIFICATION

Pursuant to KRS 386B.10-120(1)(b), the identity of the Settlor(s) of the trust is as follows:

Settlor 1:

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

Settlor 2 (if applicable):

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

Status of Settlor(s):

☐ All Settlor(s) are living.
☐ The following Settlor is deceased:
Name: [________________________________]
Date of Death: [__/__/____]

SECTION 3: TRUSTEE IDENTIFICATION AND ADDRESS

Pursuant to KRS 386B.10-120(1)(c), the identity and address of the currently acting Trustee(s) is as follows:

Trustee 1:

Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Telephone: [________________________________]
Email: [________________________________]

☐ Individual Trustee
☐ Corporate/Institutional Trustee (authorized representative below)
Authorized Representative: [________________________________]
Title: [________________________________]

Trustee 2 (if applicable):

Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Telephone: [________________________________]
Email: [________________________________]

☐ Individual Trustee
☐ Corporate/Institutional Trustee

SECTION 4: POWERS OF THE TRUSTEE

Pursuant to KRS 386B.10-120(1)(d), the powers of the Trustee(s) under the trust instrument and the Kentucky Uniform Trust Code (KRS Chapter 386B) include, but are not limited to, the following:

Real Property Powers:

☐ Acquire, receive, hold, and retain real property of any kind
☐ Sell, convey, exchange, or otherwise dispose of real property
☐ Grant options and execute contracts for sale of real property
☐ Mortgage, pledge, or encumber real property as security
☐ Lease real property for any term, including terms extending beyond the trust
☐ Subdivide, develop, improve, or raze improvements on real property
☐ Grant or acquire easements, rights-of-way, and mineral rights
☐ Manage, insure, and maintain real property

Financial and Investment Powers:

☐ Open, maintain, and close deposit and investment accounts
☐ Deposit and withdraw funds from accounts in the trust's name
☐ Invest and reinvest trust funds in accordance with prudent investor standards (KRS 386B.9-010)
☐ Acquire, hold, sell, and dispose of securities and financial instruments
☐ Borrow money and execute promissory notes, security agreements, and financing statements
☐ Make distributions to trust beneficiaries as provided in the trust instrument
☐ Collect income, rents, and proceeds due to the trust
☐ Pay trust debts, obligations, taxes, and administrative expenses

Administrative and General Powers:

☐ Employ attorneys, accountants, investment advisors, and other professionals
☐ Execute contracts, instruments, and documents on behalf of the trust
☐ Commence, prosecute, defend, or settle legal proceedings
☐ Vote proxies and exercise rights incident to ownership of securities
☐ Continue or participate in the operation of any business held in trust
☐ Exercise tax elections and file returns on behalf of the trust
☐ Perform all acts necessary or appropriate for trust administration

Specific Limitations on Trustee Powers (if any):

☐ No specific limitations exist beyond those described herein.
☐ The following limitations apply:

[________________________________]

[________________________________]

SECTION 5: REVOCABILITY AND POWER TO REVOKE

Pursuant to KRS 386B.10-120(1)(e):

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

Name: [________________________________]
Relationship: [________________________________]

Name: [________________________________] (if applicable)
Relationship: [________________________________]

☐ The trust is IRREVOCABLE and cannot be revoked or amended.

☐ The trust became irrevocable upon the following event:

☐ Death of the Settlor on [__/__/____]
☐ Occurrence of a specified event: [________________________________]
☐ Pursuant to the express terms of the trust instrument

SECTION 6: CO-TRUSTEE AUTHORITY AND TITLE

Pursuant to KRS 386B.10-120(1)(f):

Authority of Co-Trustees:

☐ There is only one currently acting Trustee. This section is not applicable.

☐ Multiple Trustees are currently acting. The authority of the Co-Trustees to sign or otherwise authenticate is as follows:

☐ All Co-Trustees must act unanimously.
☐ Any single Co-Trustee may act independently.
☐ A majority of Co-Trustees may act on behalf of the trust.
☐ Other: [________________________________]

Manner of Taking Title to Trust Property:

Pursuant to KRS 386B.10-120(1)(g), title to trust property shall be taken as follows:

[________________________________]

SECTION 7: SUCCESSOR TRUSTEE PROVISIONS

The trust instrument provides for the following succession of trusteeship:

First Successor Trustee:

Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

Second Successor Trustee:

Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

Conditions for Succession:

The Successor Trustee shall assume the duties of Trustee upon:

☐ Death of the current Trustee
☐ Incapacity of the current Trustee as determined by [________________________________]
☐ Written resignation of the current Trustee
☐ Removal of the current Trustee pursuant to the trust instrument or KRS 386B.7-060
☐ Other: [________________________________]

SECTION 8: TRUST PROPERTY PROVISIONS

Property for Which This Certification Is Being Presented:

☐ Real property located at:
Street Address: [________________________________]
City: [________________________________] County: [________________________________]
State: Kentucky
Legal Description: [________________________________]
PVA Map/Parcel Number: [________________________________]

☐ Financial account(s):
Institution: [________________________________]
Account Number(s): [________________________________]

☐ Personal property described as: [________________________________]

☐ Other: [________________________________]

SECTION 9: AMENDMENT STATUS AND REPRESENTATIONS

Pursuant to KRS 386B.10-120(3), the undersigned Trustee(s) certify as follows:

☐ The trust instrument has not been amended since its original execution on [__/__/____].

☐ The trust instrument has been amended. The date(s) of amendment(s) are:

First Amendment: [__/__/____]
Second Amendment: [__/__/____]
Third Amendment: [__/__/____]
Additional Amendments: [________________________________]

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.

SECTION 10: STATUTORY CERTIFICATIONS AND DISCLOSURES

The undersigned Trustee(s), pursuant to KRS 386B.10-120 of the Kentucky Uniform Trust Code, hereby certify, represent, and declare under penalty of perjury:

1. Trust Existence. The trust identified herein is a valid and existing trust, duly created and in full force and effect under the laws of the Commonwealth of Kentucky.

2. Trustee Status. The undersigned is/are the duly appointed, qualified, and currently acting Trustee(s) of the trust, with full authority to act in the capacities described in this Certification.

3. No Dispositive Terms. Pursuant to KRS 386B.10-120(4), this Certification does not contain the dispositive terms of the trust instrument. The recipient of this Certification is not entitled to the dispositive terms and may rely on this Certification without inquiry into such terms.

4. Accuracy of Representations. All representations contained herein are true and correct as of the date of execution. The trust has not been revoked, modified, or amended in any manner that would cause these representations to be incorrect.

5. Third-Party Reliance. Pursuant to KRS 386B.10-120(6), a person who acts in reliance upon this Certification of Trust 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 in this Certification. Knowledge of the terms of the trust may not be inferred solely from the fact that the person holds a copy of all or part of the trust instrument.

6. Excerpts Available. Pursuant to KRS 386B.10-120(5), the recipient of this Certification may require the trustee to furnish copies of those excerpts from the trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.

7. Good Faith Requirement. Under KRS 386B.10-120(6), a person who acts in reliance on this Certification is protected only if that person does not have actual knowledge that the representations contained herein are incorrect; a person with such actual knowledge may not rely upon it. Separately, under KRS 386B.10-120(8), a person who demands the trust instrument itself, in addition to a certification of trust or excerpts, is liable for damages if a court determines the demand was not made in good faith.

SECTION 11: EXECUTION BY TRUSTEE(S)

IN WITNESS WHEREOF, the undersigned Trustee(s) have signed and otherwise authenticated this Certification of Trust pursuant to KRS 386B.10-120(2) as of the date set forth below.

Date of Execution: [__/__/____]

Trustee 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 12: NOTARIZATION

COMMONWEALTH OF KENTUCKY

COUNTY OF [________________________________]

The foregoing Certification of Trust was subscribed, sworn to, and acknowledged before me on this [____] day of [________________], [______], by:

[________________________________]

and [________________________________] (if applicable),

who is/are personally known to me or who produced [________________________________] as identification, and who acknowledged that he/she/they executed the foregoing instrument as Trustee(s) of the trust identified herein for the purposes stated therein.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Notary ID Number: [________________________________]

[NOTARIAL SEAL]

SECTION 13: STATE-SPECIFIC NOTES FOR KENTUCKY

1. Kentucky Uniform Trust Code. Kentucky adopted the Uniform Trust Code effective July 15, 2014 (KRS Chapter 386B). The certification of trust provisions are at KRS 386B.10-120.

2. Authentication Standard. Kentucky uses the term "signed or otherwise authenticated" rather than "acknowledged," which is broader than Kansas and some other UTC states. However, notarization remains best practice.

3. Settlor Identification Required. KRS 386B.10-120(1)(b) expressly requires disclosure of the identity of the settlor, which is not required in all UTC jurisdictions.

4. Manner of Taking Title. KRS 386B.10-120(1)(g) includes a requirement to disclose "the manner of taking title to trust property." This should be specified consistently on all deeds and account registrations.

5. Default Revocability. Under KRS 386B.6-020(1), unless the trust instrument expressly provides otherwise, a trust is presumed to be revocable by the settlor. This is consistent with the UTC default rule, though it does not apply to a trust created under an instrument signed before July 15, 2014.

6. Prudent Investor Rule. KRS 386B.9-010 requires trustees acting under KRS Chapter 386B to act as prudent investors, applying the standard set out in KRS 286.3-277 (Kentucky's prudent-investor statute for fiduciaries, originally enacted in 1996 and incorporated by reference into the 2014 Uniform Trust Code). Investment powers cited herein are subject to that standard.

7. Real Property Recording. For real property transactions in Kentucky, this certification (or a memorandum of trust) should be recorded with the County Clerk in the county where the property is located. Kentucky uses a county clerk recording system rather than a register of deeds.

8. No Court Filing Required. Unlike some jurisdictions, Kentucky does not require a trust to be registered or filed with a court to be valid. The certification of trust serves as proof of existence for third-party transactions.

9. Liability Protection. KRS 386B.10-120(5) provides that a recipient of a certification of trust may require the trustee to furnish excerpts from the trust instrument; KRS 386B.10-120(6) protects a person who relies on the certification without actual knowledge that its representations are incorrect, but does not protect a person who has such actual knowledge; and KRS 386B.10-120(8) makes a person who demands the full trust instrument liable for damages if a court finds the demand was not made in good faith.

This Certification of Trust is furnished pursuant to KRS 386B.10-120 of the Kentucky Uniform Trust Code. It is intended to provide evidence of the trust's existence and the Trustee's authority without disclosing the dispositive terms of the trust instrument. This document should be reviewed by a licensed Kentucky attorney before execution.

PREPARED BY:

Attorney Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Kentucky Bar Number: [________________________________]
Telephone: [________________________________]
Email: [________________________________]