Maine Certification of Trust

CERTIFICATION OF TRUST

State of Maine

Pursuant to 18-B M.R.S. Section 1013 of the Maine Uniform Trust Code

SECTION 1: TRUST IDENTIFICATION AND EXISTENCE

Pursuant to 18-B M.R.S. Section 1013(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
☐ Supplemental/Special Needs Trust
☐ Other: [________________________________]

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

State of Governing Law: Maine

Amendment History:

☐ The trust instrument has not been amended since its original execution.
☐ The trust instrument has been amended. The most recent amendment was executed on [__/__/____].
Total number of amendments: [____]

SECTION 2: SETTLOR IDENTIFICATION

Pursuant to 18-B M.R.S. Section 1013(1)(B), the identity of the Settlor(s) 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: [__/__/____]
County and State of Death: [________________________________]

SECTION 3: TRUSTEE IDENTIFICATION AND ADDRESS

Pursuant to 18-B M.R.S. Section 1013(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
If Corporate: Name of Authorized Representative: [________________________________]
Title: [________________________________]

Trustee 2 (if applicable):

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

☐ Individual Trustee
☐ Corporate/Institutional Trustee

Trustee 3 (if applicable):

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

SECTION 4: POWERS OF THE TRUSTEE

Pursuant to 18-B M.R.S. Section 1013(1)(D), the Trustee(s) have the following powers under the trust instrument and applicable provisions of the Maine Uniform Trust Code:

Real Property Powers:

☐ Acquire, hold, and retain real property in any jurisdiction
☐ Sell, convey, exchange, or otherwise dispose of real property
☐ Execute deeds, purchase and sale agreements, and closing documents
☐ Mortgage, pledge, or encumber real property
☐ Lease real property as landlord or tenant, for terms within or beyond the trust duration
☐ Manage, insure, improve, maintain, and repair real property
☐ Subdivide, develop, or raze improvements on real property
☐ Grant or acquire easements and rights-of-way
☐ Release or abandon interests in real property
☐ Manage timber, mineral, and natural resource rights

Financial and Investment Powers:

☐ Open, maintain, and close deposit accounts at financial institutions
☐ Deposit and withdraw funds from trust accounts
☐ Invest and reinvest trust assets in accordance with the prudent investor rule (18-B M.R.S. Section 901)
☐ Acquire, hold, sell, and dispose of securities and financial instruments
☐ Borrow money and execute promissory notes and security instruments
☐ Make distributions to beneficiaries as provided in the trust instrument
☐ Collect rents, income, dividends, and proceeds
☐ Pay trust debts, obligations, taxes, and expenses
☐ Make elections regarding tax matters

Administrative and General Powers:

☐ Employ and compensate attorneys, accountants, advisors, and agents
☐ Execute contracts, instruments, and documents on behalf of the trust
☐ Commence, prosecute, defend, or settle claims and legal actions
☐ Vote proxies and exercise ownership rights in business entities
☐ Continue or participate in business operations
☐ Exercise options, conversion rights, and subscription rights
☐ Perform all acts necessary for proper 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 18-B M.R.S. Section 1013(1)(E):

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

Name: [________________________________]
Relationship to Trust: [________________________________]

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

☐ The trust is IRREVOCABLE and may not be revoked or amended.

☐ The trust became irrevocable upon:

☐ Death of the Settlor on [__/__/____]
☐ Occurrence of the following event: [________________________________]
☐ Terms of the trust instrument expressly provide irrevocability

SECTION 6: CO-TRUSTEE AUTHORITY

Pursuant to 18-B M.R.S. Section 1013(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 Co-Trustees to sign or otherwise authenticate, and whether all or fewer than all are required to exercise the powers of the Trustee, is as follows:

☐ All Co-Trustees must act unanimously to exercise Trustee powers.
☐ Any single Co-Trustee may act independently to exercise Trustee powers.
☐ A majority of Co-Trustees may act to exercise Trustee powers.
☐ Other arrangement: [________________________________]

SECTION 7: MANNER OF TAKING TITLE TO TRUST PROPERTY

Pursuant to 18-B M.R.S. Section 1013(1)(H):

Title to trust property shall be taken in the following manner:

[________________________________]

SECTION 8: 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:

☐ Death of the current Trustee
☐ Incapacity of the current Trustee as determined by [________________________________]
☐ Resignation of the current Trustee in accordance with the trust instrument
☐ Removal of the current Trustee pursuant to the trust instrument or 18-B M.R.S. Section 706
☐ Other: [________________________________]

SECTION 9: TRUST PROPERTY PROVISIONS

Property for Which This Certification Is Being Presented:

☐ Real property located at:
Street Address: [________________________________]
City/Town: [________________________________]
County: [________________________________], Maine
Legal Description: [________________________________]
Registry of Deeds: [________________________________] County
Book: [________] Page: [________]
Map/Lot: [________________________________]

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

☐ Other property: [________________________________]

SECTION 10: STATUTORY REPRESENTATIONS AND CERTIFICATIONS

The undersigned Trustee(s), pursuant to 18-B M.R.S. Section 1013 of the Maine Uniform Trust Code, hereby certify, represent, and declare:

1. Trust Existence. The trust identified herein is a valid and existing trust, duly created and in full force and effect.

2. Current Status. Pursuant to 18-B M.R.S. Section 1013(3), this Certification of Trust states that 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.

3. Trustee Authority. The undersigned is/are the duly appointed, qualified, and currently acting Trustee(s) of the trust, with full power and authority to act in the capacities described herein.

4. No Dispositive Terms. Pursuant to 18-B M.R.S. Section 1013(4), this Certification does not contain the dispositive terms of the trust instrument. A recipient of this Certification is not entitled to demand the dispositive terms.

5. Third-Party Reliance. Pursuant to 18-B M.R.S. Section 1013(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 a copy of all or part of the trust instrument is held by the person relying upon this Certification.

6. Right to Request Excerpts. Pursuant to 18-B M.R.S. Section 1013(5), a recipient who wishes to verify trustee powers 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.

7. Enforcement of Transactions. Pursuant to 18-B M.R.S. Section 1013(7), 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.

8. Bad Faith Demand. Pursuant to 18-B M.R.S. Section 1013(8), a person who makes a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if a court determines that the person did not act in good faith in demanding the trust instrument.

9. Accuracy. All information contained in this Certification of Trust is true, correct, and complete as of the date of execution.

10. Governing Law. The trust is governed by the laws of the State of Maine, including the Maine Uniform Trust Code, Title 18-B M.R.S.A.

SECTION 11: EXECUTION BY TRUSTEE(S)

Pursuant to 18-B M.R.S. Section 1013(2), this Certification of Trust may be signed or otherwise authenticated by any trustee.

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust as of the date set forth below.

Date of Execution: [__/__/____]

Trustee 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 3 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 12: ACKNOWLEDGMENT AND NOTARIZATION

STATE OF MAINE

COUNTY OF [________________________________]

On this [____] day of [________________], [______], before me, the undersigned Notary Public, personally appeared:

[________________________________]

and [________________________________] (if applicable),

personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) as Trustee(s) of the trust identified herein, and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

Notary Public, State of Maine

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

SECTION 13: STATE-SPECIFIC NOTES FOR MAINE

1. Maine Uniform Trust Code. Maine adopted the Uniform Trust Code as Title 18-B, Part 1, enacted by P.L. 2003, ch. 618, Pt. A, with an effective date of July 1, 2005 (18-B M.R.S. Section 1103). The certification of trust is codified at 18-B M.R.S. Section 1013.

2. Taxpayer Identification Number. Section 1013 expressly includes "the trust's taxpayer identification number" as one of the categories of information that may be included in the certification (18-B M.R.S. Section 1013(1)(G)). This is a useful addition not found in every UTC-adopting jurisdiction's version.

3. "Fewer Than All" Language. Maine's statute uses "fewer than all" rather than "less than all" when addressing co-trustee authority (18-B M.R.S. Section 1013(1)(F)), reflecting a grammatical update from some other UTC jurisdictions.

4. Default Revocability. Under 18-B M.R.S. Section 602(1), a trust is presumed revocable unless the trust instrument expressly provides otherwise (this subsection does not apply to a trust created under an instrument executed before July 1, 2005). This is consistent with the UTC default.

5. Real Property Recording. Maine real property records are maintained at county Registries of Deeds. When this certification is used in connection with real property, it should be recorded at the appropriate Registry of Deeds. Recording fees vary by county.

6. Homestead Considerations. Maine has a homestead exemption (14 M.R.S. Section 4422). When trust property includes a homestead, practitioners should consider how the homestead exemption interacts with trust ownership.

7. Maine Revenue Services. For tax purposes, Maine Revenue Services may require additional documentation regarding the trust's status and the trustee's authority, separate from this certification.

8. Prudent Investor Standard. Maine has adopted the prudent investor rule as part of the UTC (18-B M.R.S. Section 901). Trustee investment decisions must comply with this standard.

9. Attorney-in-Fact Distinction. This certification should not be confused with a power of attorney. If the trustee has appointed an agent under a power of attorney to act on behalf of the trust, separate documentation of that authority may be required.

10. Annual Reporting. Under 18-B M.R.S. Section 813, the trustee has a duty to keep qualified beneficiaries reasonably informed. This certification does not satisfy that reporting obligation.

This Certification of Trust is furnished pursuant to 18-B M.R.S. Section 1013 of the Maine 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 Maine attorney before execution.

PREPARED BY:

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