Montana Certification of Trust

CERTIFICATION OF TRUST

State of Montana

Pursuant to Mont. Code Ann. § 72-38-1013

SECTION 1: TRUST EXISTENCE AND IDENTIFICATION

The undersigned, being a currently acting Trustee of the trust described herein, hereby provides this Certification of Trust in lieu of furnishing a copy of the trust instrument, as authorized by Mont. Code Ann. § 72-38-1013, and certifies and represents the following:

1.1 Trust Existence and Execution Date

Pursuant to Mont. Code Ann. § 72-38-1013(1)(a), the undersigned certifies that a trust exists and the trust instrument was executed on:

Trust Name: [________________________________]

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

(hereinafter referred to as the "Trust").

1.2 Type of Trust

☐ Inter vivos (living) trust created during the Settlor's lifetime
☐ Testamentary trust created under the Last Will and Testament of the decedent
☐ Irrevocable trust established on [__/__/____]
☐ Other: [________________________________]

1.3 Trust Tax Identification

Federal Employer Identification Number (EIN): [________________________________]

☐ The Trust uses the Settlor's Social Security Number as a grantor trust.

SECTION 2: SETTLOR IDENTIFICATION

2.1 Identity of Settlor

Pursuant to Mont. Code Ann. § 72-38-1013(1)(b), the identity of the Settlor(s) (also referred to as Grantor(s) or Trustor(s)) is as follows:

2.2 Settlor Status

☐ The Settlor is currently living.
☐ The Settlor is deceased. Date of death: [__/__/____]

SECTION 3: TRUSTEE IDENTIFICATION AND ADDRESS

3.1 Currently Acting Trustee(s)

Pursuant to Mont. Code Ann. § 72-38-1013(1)(c), the identity and address of the currently acting Trustee(s) is/are:

3.2 Successor Trustee(s)

The trust instrument names the following successor Trustee(s):

Conditions for succession: [________________________________]
[________________________________]

☐ No successor Trustee is named in the trust instrument.

SECTION 4: TRUSTEE POWERS

4.1 Relevant Powers of the Trustee

Pursuant to Mont. Code Ann. § 72-38-1013(1)(d), the relevant powers of the Trustee with respect to the pending transaction or matter include, but are not limited to:

The Trustee has been granted the following powers under the trust instrument and/or Mont. Code Ann. § 72-38-816:

☐ To acquire, sell, exchange, and otherwise deal with trust property
☐ To open, maintain, and close accounts at financial institutions
☐ To borrow money, with or without security, and to mortgage or pledge trust assets
☐ To lease trust property for any term, including terms extending beyond the duration of the Trust
☐ To invest and reinvest in any property, including stocks, bonds, mutual funds, and real property
☐ To collect, receive, and give receipts for trust income and principal
☐ To employ and compensate attorneys, accountants, brokers, and other agents
☐ To execute and deliver instruments of conveyance, including deeds, assignments, and transfers
☐ To manage, improve, maintain, insure, and protect trust property
☐ To prosecute, defend, compromise, and settle claims and litigation
☐ To vote stock, give proxies, and participate in reorganizations
☐ To make distributions to beneficiaries as provided in the trust instrument
☐ To continue any business or enterprise held in trust
☐ To create mineral, water, or timber rights leases and exploration agreements
☐ To exercise all Montana statutory trustee powers under Mont. Code Ann. § 72-38-816
☐ Other specific powers: [________________________________]

SECTION 5: REVOCABILITY AND POWER TO REVOKE

5.1 Revocability Status

Pursuant to Mont. Code Ann. § 72-38-1013(1)(e), the Trust is:

☐ Revocable — The Trust may be revoked, in whole or in part, by the following person(s):

Method of revocation permitted: [________________________________]

☐ Irrevocable — The Trust cannot be revoked by any person.

5.2 Amendment Powers

☐ The Trust may be amended by the following person(s): [________________________________]
☐ The Trust may not be amended.

SECTION 6: CO-TRUSTEE AUTHORITY

6.1 Signing and Authentication Authority

Pursuant to Mont. Code Ann. § 72-38-1013(1)(f), if there is more than one currently serving Trustee, the authority of co-Trustees to sign or otherwise authenticate documents and the requirements for exercising the powers of the Trustee are as follows:

☐ All co-Trustees must act unanimously to exercise any power of the Trustee
☐ A majority of the co-Trustees may exercise the powers of the Trustee
☐ Any one co-Trustee may independently exercise the powers of the Trustee
☐ The following specific arrangement applies: [________________________________]

SECTION 7: GOVERNING LAW

7.1 Applicable Law

Pursuant to Mont. Code Ann. § 72-38-1013(1)(g):

☐ The governing law of this Trust IS the law of Montana, and the Montana Uniform Trust Code (Mont. Code Ann. Title 72, Chapter 38) applies.

☐ The governing law of this Trust is NOT the law of Montana. The laws of the State/Jurisdiction of [________________________________] govern this Trust.

7.2 Trust Situs and Place of Administration

The principal place of administration of the Trust is:

[________________________________]
[________________________________]
County of [________________________________], State of [________________________________]

SECTION 8: TRUST PROPERTY AND TITLE

8.1 Form of Title

Trust assets are titled or to be titled in the following manner:

[________________________________]

8.2 Real Property (If Applicable)

If this Certification relates to a transaction involving real property, the following legal description applies:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

County: [________________________________], Montana

☐ See attached Exhibit A for complete legal description.

SECTION 9: MONTANA STATUTORY DISCLOSURES

9.1 Non-Disclosure of Dispositive Terms

Pursuant to Mont. Code Ann. § 72-38-1013(4), this Certification of Trust need not contain the dispositive terms of the trust. The recipient of this Certification is not entitled to require the Trustee to furnish a copy of the trust instrument merely because the dispositive terms are not included herein.

9.2 Third-Party Reliance Protection

Pursuant to Mont. Code Ann. § 72-38-1013(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.

9.3 Good Faith Reliance and Enforcement

Pursuant to Mont. Code Ann. § 72-38-1013(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 the Certification were correct.

9.4 Liability for Demanding Full Trust Instrument

Pursuant to Mont. Code Ann. § 72-38-1013(8), a person making a demand for the trust instrument in addition to this Certification of Trust or relevant excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.

9.5 Excerpts

Pursuant to Mont. Code Ann. § 72-38-1013(5), the recipient may require the Trustee to furnish copies of those excerpts from the trust instrument and later amendments that designate the Trustee or confer upon the Trustee the power to act in the pending transaction. The Trustee may, in the Trustee's discretion, furnish such excerpts along with this Certification.

SECTION 10: CERTIFICATION AND AFFIRMATION

The undersigned Trustee hereby certifies, affirms, and represents that:

(a) The Trust described herein currently exists and the trust instrument was duly executed on the date stated above;

(b) 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;

(c) All information provided herein is true, correct, and complete to the best of the undersigned's knowledge and belief;

(d) The undersigned is a duly appointed, qualified, and currently acting Trustee of the Trust;

(e) This Certification is provided in lieu of furnishing the trust instrument, as authorized by Mont. Code Ann. § 72-38-1013.

SECTION 11: EXECUTION BY TRUSTEE(S)

Trustee Signature — First Trustee

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee Signature — Second Trustee (if applicable)

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 12: ACKNOWLEDGMENT FOR RECORDING

STATE OF MONTANA

COUNTY OF [________________________________]

On this [______] day of [________________________________], [________], before me, a Notary Public for the State of Montana, personally appeared:

[________________________________]

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 as Trustee(s) of the Trust described herein, and that by his/her/their signature(s) on the instrument, the person(s) executed the instrument voluntarily and for the purposes therein stated.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

Residing at: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

SECTION 13: MONTANA-SPECIFIC PRACTICE NOTES

13.1 Montana Uniform Trust Code

Montana adopted the Uniform Trust Code in 2013, codified at Mont. Code Ann. § 72-38-101 et seq. The certification of trust provisions are found at § 72-38-1013 and are designed to protect trust privacy while facilitating third-party transactions.

13.2 Presumption of Revocability

For a trust created under an instrument executed on or after October 1, 1989, Mont. Code Ann. § 72-38-602 permits revocation or amendment unless the trust expressly provides that it is irrevocable. That rule does not apply to a trust created under an instrument executed before October 1, 1989. Practitioners should confirm the instrument date, terms, and revocability status before completing Section 5 of this Certification.

13.3 Co-Trustee Default Rules

Under Mont. Code Ann. § 72-38-703, co-trustees who are unable to reach a unanimous decision may act by majority decision. If the trust instrument modifies this default rule, the Certification should accurately reflect the modified rule in Section 6.

13.4 Natural Resource and Agricultural Provisions

Montana trusts frequently hold agricultural land, mineral rights, timber interests, and water rights. When the trust holds such property, practitioners should ensure the trustee powers section adequately addresses the management and disposition of these assets under applicable Montana law.

13.5 Recording

If this Certification relates to real property, it should be recorded in the office of the County Clerk and Recorder of the county where the real property is situated. The Trustee shall acknowledge the Certification for recording purposes upon request, as required by § 72-38-1013(2).

13.6 Amendments and Supplements

If the trust is subsequently amended in a manner that renders any representation in this Certification incorrect, the Trustee should execute a new or supplemental Certification reflecting the current terms.

This Certification of Trust has been prepared pursuant to and in compliance with the Montana Uniform Trust Code, Mont. Code Ann. § 72-38-1013. This document should be reviewed by a Montana-licensed attorney before execution.

EXHIBIT A — LEGAL DESCRIPTION OF REAL PROPERTY
(Attach if applicable)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]