Certification of Trust

CERTIFICATION OF TRUST

State of New Jersey

Pursuant to N.J.S.A. 3B:31-81

// GUIDANCE: This certification must be signed by ALL currently acting trustees.
// Under N.J.S.A. 3B:31-81, a single co-trustee cannot execute on behalf of all.

THIS CERTIFICATION OF TRUST is made and executed as of [__/__/____] by the undersigned Trustee(s) of the trust identified herein, pursuant to N.J.S.A. 3B:31-81 of the New Jersey Uniform Trust Code (P.L. 2015, c. 276).

SECTION 1 — PURPOSE AND STATUTORY AUTHORITY

This Certification of Trust is furnished pursuant to N.J.S.A. 3B:31-81 in lieu of providing a copy of the trust instrument. Under this statute, a trustee may furnish to a person other than a beneficiary a certification of trust containing the information specified herein, and the recipient may rely upon the representations contained in this certification without further inquiry.

// GUIDANCE: N.J.S.A. 3B:31-81 does not require disclosure of the dispositive terms
// of the trust. If a recipient demands the full trust instrument, cite this statute.

SECTION 2 — TRUST IDENTIFICATION

2.1 Trust Existence and Date of Execution

Pursuant to N.J.S.A. 3B:31-81(a)(1), the undersigned hereby certifies that a trust exists under the following identification:

2.2 Amendments and Restatements

The trust instrument has been amended and/or restated as follows (check all that apply):

☐ The trust has NOT been amended or restated since its original execution date.

☐ The trust has been amended on the following date(s):

• First Amendment: [__/__/____]
• Second Amendment: [__/__/____]
• Third Amendment: [__/__/____]
• Additional Amendment(s): [________________________________]

☐ The trust was restated in its entirety on: [__/__/____]

// GUIDANCE: List all amendments. Failure to disclose material amendments
// may result in liability under N.J.S.A. 3B:31-81(g).

SECTION 3 — IDENTITY OF THE SETTLOR

Pursuant to N.J.S.A. 3B:31-81(a)(2), the Settlor(s) of the trust is/are:

// GUIDANCE: If the Settlor is deceased, include date of death if relevant
// to the transaction.

☐ The Settlor is living as of the date of this Certification.
☐ The Settlor is deceased. Date of death: [__/__/____]

SECTION 4 — IDENTITY AND ADDRESS OF CURRENTLY ACTING TRUSTEE(S)

Pursuant to N.J.S.A. 3B:31-81(a)(3), the currently acting Trustee(s) of the trust is/are:

// GUIDANCE: Under N.J.S.A. 3B:31-81(b), ALL persons identified as
// currently acting trustees must sign this Certification.

Type of Trustee (check all that apply):

☐ Individual Trustee(s)
☐ Corporate Trustee — State of Organization: [________________________________]
☐ Successor Trustee(s) serving due to the incapacity, death, resignation, or removal of the original Trustee

SECTION 5 — POWERS OF THE TRUSTEE

Pursuant to N.J.S.A. 3B:31-81(a)(4), the Trustee(s) has/have the following powers relevant to the current transaction, including but not limited to:

☐ Power to acquire, hold, manage, and dispose of trust property, including real property, personal property, and financial assets
☐ Power to open, maintain, and close bank accounts, brokerage accounts, and other financial accounts in the name of the trust
☐ Power to borrow money and encumber trust property, including the power to execute promissory notes, deeds of trust, and mortgages
☐ Power to buy, sell, exchange, lease, and convey real property held in the trust
☐ Power to collect, receive, and receipt for income, principal, and other sums due the trust
☐ Power to execute, deliver, and perform contracts, agreements, and other instruments
☐ Power to invest and reinvest trust assets in accordance with the New Jersey Prudent Investor Act (N.J.S.A. 3B:20-11.1 et seq.)
☐ Power to compromise, settle, or abandon claims in favor of or against the trust
☐ Power to employ agents, attorneys, accountants, and other professionals
☐ Power to make distributions to or for the benefit of trust beneficiaries
☐ Power to deal with tax matters and file returns on behalf of the trust
☐ Power to exercise all rights with respect to insurance policies owned by the trust
☐ Other powers: [________________________________]

// GUIDANCE: Check only those powers relevant to the specific transaction.
// N.J.S.A. 3B:31-81 requires disclosure of trustee powers but does not
// require enumeration of all powers — only those relevant to the matter at hand.

SECTION 6 — REVOCABILITY OR IRREVOCABILITY OF THE TRUST

Pursuant to N.J.S.A. 3B:31-81(a)(5), the undersigned certifies the following regarding the revocability status of the trust:

☐ Revocable Trust — The trust is revocable. The person(s) holding the power to revoke the trust is/are:

☐ Irrevocable Trust — The trust is irrevocable and cannot be revoked by any person.

☐ Conditionally Irrevocable — The trust became irrevocable upon: [________________________________]

// GUIDANCE: Under N.J.S.A. 3B:31-27, a trust is presumed revocable unless
// the trust instrument expressly provides otherwise. Confirm the trust instrument
// language before certifying irrevocability.

SECTION 7 — AUTHORITY OF CO-TRUSTEES

Pursuant to N.J.S.A. 3B:31-81(a)(6), the undersigned certifies the following regarding the authority of co-trustees:

☐ Not Applicable — There is only one currently acting Trustee.

☐ All Co-Trustees Must Act Jointly — All currently acting co-trustees must sign or otherwise authenticate documents and exercise powers of the trustee jointly.

☐ Majority of Co-Trustees May Act — A majority of the co-trustees may exercise powers of the trustee.

☐ Any Single Co-Trustee May Act — Any one co-trustee may independently sign or otherwise authenticate documents and exercise powers of the trustee.

☐ Other Arrangement — [________________________________]

// GUIDANCE: N.J.S.A. 3B:31-46 provides default rules for co-trustee action.
// Under the default rule, co-trustees who are unable to reach a unanimous
// decision may act by majority decision.

SECTION 8 — TITLE TO TRUST PROPERTY

Pursuant to N.J.S.A. 3B:31-81(a)(7), title to trust property may be taken in the following name(s):

Title Format: [________________________________]

Example formats commonly used in New Jersey:

• "[Trustee Name], Trustee of the [Trust Name], dated [Date]"
• "The [Trust Name], dated [Date]"
• "[Trustee Name], as Trustee under Agreement dated [Date]"

// GUIDANCE: Confirm the titling format with the recipient institution.
// Some New Jersey county recording offices have specific requirements
// for how trust-held real property is titled on deeds.

SECTION 9 — SUCCESSOR TRUSTEE PROVISIONS

The trust instrument provides for the following succession of trusteeship:

9.1 First Successor Trustee:
| Item | Information |
|------|-------------|
| Name | [________________________________] |
| Address | [________________________________] |
| Relationship to Settlor | [________________________________] |

9.2 Second Successor Trustee:
| Item | Information |
|------|-------------|
| Name | [________________________________] |
| Address | [________________________________] |
| Relationship to Settlor | [________________________________] |

9.3 Mechanism for Appointing Additional Successors:
☐ The trust instrument grants the power to designate additional successor trustees to: [________________________________]
☐ The trust instrument does not provide for additional successor trustee designations beyond those listed above.

SECTION 10 — TRUST PROPERTY PROVISIONS

// GUIDANCE: N.J.S.A. 3B:31-81(d) expressly provides that a certification
// of trust need not contain the dispositive terms of the trust.

10.1 This Certification of Trust does not disclose the dispositive terms of the trust, as permitted by N.J.S.A. 3B:31-81(d). The dispositive terms include provisions directing or authorizing distributions to beneficiaries.

10.2 The trust is authorized to hold the following categories of property (check all that apply):

☐ Real property located in the State of New Jersey
☐ Real property located in other states: [________________________________]
☐ Bank and savings accounts
☐ Brokerage and investment accounts
☐ Life insurance policies
☐ Retirement account beneficiary designations
☐ Business interests (LLC, corporation, partnership)
☐ Motor vehicles and titled personal property
☐ Other: [________________________________]

SECTION 11 — REPRESENTATIONS AND WARRANTIES

Pursuant to N.J.S.A. 3B:31-81(b), the undersigned Trustee(s) hereby represent(s) and warrant(s) as follows:

11.1 The trust identified in this Certification has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect.

11.2 This Certification of Trust is a true and accurate summary of the trust provisions described herein.

11.3 The undersigned is/are the duly appointed, currently acting, and qualified Trustee(s) of the trust.

11.4 The trust is valid and in full force and effect under the laws of the State of New Jersey.

11.5 No proceedings are pending that would affect the validity of the trust or the authority of the Trustee(s) to act on behalf of the trust.

SECTION 12 — RELIANCE BY THIRD PARTIES

Pursuant to N.J.S.A. 3B:31-81(f), 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 of Trust. A person who in good faith enters into a transaction relying upon this Certification of Trust may enforce the transaction against the trust property as if the representations were correct.

// GUIDANCE: Include this section verbatim for the protection of both the
// trustee and the relying third party. N.J.S.A. 3B:31-81(f) and (g)
// provide important protections to good-faith relying parties.

SECTION 13 — REQUEST FOR ADDITIONAL INFORMATION

Pursuant to N.J.S.A. 3B:31-81(e), a recipient of this Certification of Trust may request that the Trustee 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. The undersigned acknowledges this right and will comply with any such reasonable request.

SECTION 14 — GOVERNING LAW

This Certification of Trust shall be governed by and construed in accordance with the laws of the State of New Jersey, including but not limited to the New Jersey Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) as enacted by P.L. 2015, c. 276.

SECTION 15 — EXECUTION AND SIGNATURES

// GUIDANCE: N.J.S.A. 3B:31-81(b) requires that the certification be
// signed by ALL persons identified as currently acting trustees.
// All signatures must be notarized.

IN WITNESS WHEREOF, the undersigned Trustee(s) has/have executed this Certification of Trust on the date first written above.

Trustee 1:

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 3 (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARIZATION

State of New Jersey

County of [________________________________]

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

[________________________________]

[________________________________]

[________________________________]

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 this Certification of Trust, and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies) as Trustee(s), and that by his/her/their signature(s) the person(s) executed this instrument.

WITNESS my hand and official seal.

Signature of Notary Public: ___________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Notary Seal/Stamp:

[AFFIX NOTARY SEAL HERE]

NEW JERSEY STATE-SPECIFIC NOTES

1. Uniform Trust Code Adoption: New Jersey adopted the Uniform Trust Code effective July 17, 2016, through P.L. 2015, c. 276, codified at N.J.S.A. 3B:31-1 through 3B:31-84. This Certification is governed by N.J.S.A. 3B:31-81.

2. All Trustees Must Sign: Unlike many other states where any single trustee may execute a certification, N.J.S.A. 3B:31-81(b) requires that the certification "shall be signed by all persons identified as currently acting as trustee."

3. No Dispositive Terms Required: N.J.S.A. 3B:31-81(d) expressly provides that a certification of trust need not contain the dispositive terms of the trust. A recipient may not require disclosure of trust beneficiaries or distribution schedules.

4. Third-Party Reliance: Under N.J.S.A. 3B:31-81(f), persons acting in good-faith reliance upon this certification are protected from liability. A person who refuses to accept a certification of trust that meets the statutory requirements may be liable for damages, including attorney fees, incurred as a result of the refusal (N.J.S.A. 3B:31-81(g)).

5. Recording: If this Certification is to be recorded with a New Jersey county clerk for real property transactions, verify the county's specific formatting and recording requirements.

6. Presumption of Revocability: Under N.J.S.A. 3B:31-27, a trust is presumed revocable unless the terms of the trust expressly provide that it is irrevocable. Ensure the trust instrument is reviewed to confirm revocability status.

7. Co-Trustee Default Rule: Under N.J.S.A. 3B:31-46, co-trustees who cannot reach unanimity may act by majority decision. However, the trust instrument may override this default.

SOURCES AND REFERENCES

• N.J.S.A. 3B:31-81 — Certification of Trust
• New Jersey Uniform Trust Code (P.L. 2015, c. 276)
• New Jersey Certificate of Trust — Deeds.com

This template is intended for use by licensed attorneys in the State of New Jersey. It must be reviewed, customized, and approved by qualified legal counsel before execution. This document does not create an attorney-client relationship between any party and the template provider.