Certification of Trust - New York

CERTIFICATION OF TRUST

A New York Trust-Administration Document (No Dedicated NY Certification-of-Trust Statute)

STATE OF NEW YORK

COUNTY OF [________________________________]

I. TRUST EXISTENCE AND IDENTIFICATION

The undersigned Trustee(s) of the trust described herein hereby certify, consistent with New York trust-administration practice and the requirements of New York Estates, Powers and Trusts Law Article 7, the following:

1. Trust Name:

The name of the trust is: [________________________________] (the "Trust").

2. Date of Execution:

The Trust was established by a written trust instrument executed on [__/__/____].

3. Type of Trust:

☐ Inter vivos (lifetime) trust executed pursuant to EPTL § 7-1.17

☐ Testamentary trust established under the Last Will and Testament of [________________________________], admitted to probate on [__/__/____] in [________________________________] Surrogate's Court

☐ Supplemental Needs Trust (Special Needs Trust) established pursuant to EPTL § 7-1.12

☐ Other: [________________________________]

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 New York, including the New York Estates, Powers and Trusts Law (EPTL), Article 7 (Trusts) and, as applicable, Article 11 (Fiduciaries: Powers, Duties and Limitations).

II. SETTLOR IDENTIFICATION

6. Identity of Settlor(s) (Grantor(s)):

The Settlor(s) of the Trust is/are:

7. Settlor Status:

☐ Settlor is living and domiciled in the State of New York.

☐ Settlor is living and domiciled in [________________________________].

☐ Settlor is deceased. Date of death: [__/__/____]. County of domicile at death: [________________________________].

☐ 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 Surrogate's Court, County of [________________________________], by order dated [__/__/____].

10. Manner of Trustee Succession (if applicable):

☐ Death of prior Trustee

☐ Resignation of prior Trustee, accepted by the Surrogate's Court

☐ Incapacity of prior Trustee

☐ Removal of prior Trustee by the Surrogate's Court

☐ Removal of prior Trustee pursuant to trust terms

☐ Not applicable — original Trustee(s) currently serving

☐ Other: [________________________________]

IV. POWERS OF THE TRUSTEE

11. 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 EPTL § 11-1.1, including the power to take possession of, manage, sell, lease, and mortgage trust property, and to invest and reinvest trust property;

(b) The power to acquire, sell, exchange, convey, lease, and otherwise deal with real property;

(c) The power to acquire, sell, exchange, and otherwise deal with personal property, including securities and financial instruments;

(d) The power to borrow money and encumber trust property, including the power to execute promissory notes, mortgages, and security agreements;

(e) The power to open, maintain, and close bank accounts, brokerage accounts, and investment accounts;

(f) The power to invest and reinvest trust assets in accordance with the Prudent Investor Act (EPTL § 11-2.3);

(g) The power to manage, operate, and maintain any business interest held in trust;

(h) The power to employ agents, attorneys, accountants, and other professionals;

(i) The power to execute contracts and agreements on behalf of the Trust;

(j) The power to compromise, settle, or arbitrate claims;

(k) The power to distribute trust property in cash or in kind;

(l) The power to make elections and file tax returns on behalf of the Trust; and

(m) All other powers conferred by the Trust instrument and applicable New York law.

☐ The Trust instrument grants additional specific powers relevant to the current transaction:

[________________________________]

V. REVOCABILITY OF THE TRUST

12. Revocability Status:

☐ The Trust is revocable. The following person(s) hold the power to revoke the Trust:

    Name(s): [________________________________]

    Method of revocation: [________________________________]

☐ The Trust is irrevocable under its terms, subject to any applicable revocation or amendment route under EPTL § 7-1.9.

☐ The Trust became irrevocable upon the death of the Settlor on [__/__/____].

☐ The Trust became irrevocable by its own terms on [__/__/____].

13. Amendment Authority:

☐ The Trust may be amended by the following person(s): [________________________________]

☐ The Trust may not be amended.

VI. AUTHORITY OF CO-TRUSTEES

14. 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 act unanimously.

    ☐ Any one Trustee may act alone.

    ☐ A majority of three or more currently acting Trustees may exercise the joint power described here under EPTL § 10-10.7, and the Trust instrument does not provide otherwise: [________________________________].

    ☐ The signature authority is as follows: [________________________________]

VII. MANNER OF TAKING TITLE

15. Title to Trust Property:

Title to assets of the Trust should be taken in the following manner:

[________________________________], as Trustee(s) of the [________________________________], dated [__/__/____]

VIII. TAX IDENTIFICATION

16. Taxpayer Identification Number:

☐ The Settlor's Social Security Number (for revocable grantor trusts): XXX-XX-[________________________________]

☐ The Trust's Employer Identification Number (EIN): [________________________________]

IX. COURT PROCEEDINGS AFFECTING THE TRUST

17. Court Proceeding (if any):

☐ A court proceeding or order affects the Trust or the Trustee's authority: [court, file number, and relevant order: ________________________________].

☐ The undersigned Trustee(s) know of no court proceeding or order affecting their authority for the proposed transaction.

X. REPRESENTATIONS AND WARRANTIES

18. The undersigned Trustee(s) hereby represent and warrant, in reliance on the trust instrument and New York law, that:

(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 proceedings in any Surrogate's Court or other court of competent jurisdiction that would affect the Trustee(s)' authority to act on behalf of the Trust;

(e) No court has issued any decree, order, or judgment limiting or modifying the powers of the Trustee(s);

(f) The Trust is validly existing and has not been terminated, and the Trustee(s) have not been removed from office; and

(g) The undersigned understand(s) the legal consequences of making false representations in this Certification.

XI. INFORMATION NOT REQUIRED TO BE DISCLOSED

19. Consistent with New York trust-administration practice, 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;

(d) The value of trust assets; and

(e) Any other terms not relevant to the pending transaction or specifically requested by the recipient.

XII. THIRD-PARTY RELIANCE AND PROTECTION

20. Recipient Review. The undersigned Trustee(s) present this Certification as their statement of the Trust's existence and their authority for the proposed transaction. A recipient may request the portions of the Trust instrument relevant to that authority. This Certification does not enlarge the Trustee(s)' powers or determine any person's rights or liabilities under New York law.

XIII. SUCCESSOR TRUSTEE PROVISIONS

21. Designated Successor Trustees:

☐ The Trust instrument designates the following successor Trustee(s):

☐ The Trust instrument provides that successor Trustees shall be appointed by the Surrogate's Court.

☐ Successor trustee information is not disclosed in this Certification.

XIV. EXECUTION

IN WITNESS WHEREOF, the undersigned 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: [__/__/____]

XV. NOTARIAL ACKNOWLEDGMENT

ACKNOWLEDGMENT

State of New York

County of [________________________________]

On the [________________________________] day of [________________________________], in the year [________________________________], before me, the undersigned, personally appeared [________________________________], personally known to me or proved to me on the basis of satisfactory evidence to be the individual(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), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

_______________________________________________

Notary Public, State of New York

Printed Name: _______________________________________________

Registration Number: [________________________________]

My Commission Expires: [__/__/____]

Qualified in [________________________________] County

(Notary Seal)

XVI. NEW YORK-SPECIFIC NOTES AND REQUIREMENTS

Important New York Legal Notes:

1. No New York Certification-of-Trust Statute. New York has not adopted the Uniform Trust Code and has no dedicated certification-of-trust statute. A "New York Trust Code" (proposed as EPTL Article 7-A) has been under NYSBA study since 2017-2018 but has never been enacted. This Certification of Trust is grounded in New York's actual, currently effective trust statutes (EPTL Article 7 and Article 11) and in the common industry practice of using such a document, rather than in any "Article 7-A" section.

2. Irrevocability Default. EPTL § 7-1.16 states that a lifetime trust is irrevocable unless it expressly provides otherwise. EPTL § 7-1.9 separately permits revocation or amendment with the required written consents of all beneficially interested persons.

3. Execution Requirements. Under EPTL § 7-1.17, a lifetime trust must be in writing and executed by the creator and at least one trustee (unless the creator is the sole trustee), either with the required acknowledgments or in the presence of two witnesses who sign the instrument.

4. Real Property Transactions. This certification can be furnished to a title company or other party requesting evidence of trustee authority. It is not itself a deed or other conveyance. If the transaction transfers New York real property, handle execution and recording of the separate conveyance under Real Property Law § 291.

5. Transfer Taxes. New York imposes real estate transfer taxes under Tax Law Article 31 and, in New York City, the Real Property Transfer Tax (RPTT). Transfers to or from a revocable trust where the settlor is the beneficiary are generally exempt, but practitioners should confirm exemption eligibility.

6. Court Jurisdiction. The Surrogate's Court has jurisdiction over qualifying lifetime trusts under SCPA § 207 and may determine matters relating to them under SCPA § 209(6). The New York Supreme Court also has general jurisdiction under Judiciary Law § 140-b. The proper court for a particular accounting, construction, or trustee proceeding depends on the trust and the relief requested.

7. Prudent Investor Standard. New York trustees must comply with the Prudent Investor Act (EPTL § 11-2.3), which requires trustees to invest as a prudent investor would, considering the purposes, terms, and distribution requirements of the trust.

8. New York State Income Tax. New York imposes fiduciary income tax on trusts that are deemed "resident trusts" under Tax Law § 605(b)(3). The trust's tax obligations should be considered in connection with any transaction.

9. Power of Attorney. If a trustee is acting through an agent under a power of attorney, additional documentation may be required. New York General Obligations Law Article 5, Title 15 governs powers of attorney.

10. Cooperative Apartments. For transactions involving cooperative apartment shares in New York (which are personal property, not real property), the cooperative corporation's board may have specific requirements beyond this certification.

This Certification of Trust is made in compliance with New York Estates, Powers and Trusts Law Article 7 and reflects New York trust-administration practice. This document is not a complete copy of the Trust instrument and does not contain the dispositive provisions thereof.

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