CERTIFICATION OF TRUST

(Pursuant to 20 Pa.C.S. § 7790.3)

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [________________________________]

// GUIDANCE: Under 20 Pa.C.S. § 7790.3, this certification may be furnished to any person other than a beneficiary in lieu of providing a copy of the trust instrument. The certification must contain the information specified in subsection (a) but need not include dispositive provisions of the trust.

I. TRUST IDENTIFICATION

The undersigned Trustee(s), being duly authorized, hereby certify the following information pursuant to 20 Pa.C.S. § 7790.3:

1. Trust Name:
[________________________________]

2. Date of Original Trust Instrument:
[__/__/____]

3. Type of Trust:
☐ Revocable Living Trust
☐ Irrevocable Trust
☐ Testamentary Trust
☐ Special Needs Trust
☐ Charitable Trust
☐ Other: [________________________________]

4. Amendment History:

// GUIDANCE: List all amendments chronologically. Under Pennsylvania law, the certification must reflect the current state of the trust including all amendments.

5. Trust Restatement:
☐ The Trust has been restated in its entirety on [__/__/____]
☐ The Trust has not been restated

II. SETTLOR / GRANTOR IDENTIFICATION

// GUIDANCE: Pennsylvania law does not explicitly require disclosure of the settlor in § 7790.3, unlike some other UTC states. However, including settlor information is standard practice and may be required by the requesting institution.

1. Original Settlor(s) / Grantor(s):

2. Settlor Address (if living):
[________________________________]
[________________________________]
[________________________________]

III. TRUSTEE IDENTIFICATION AND AUTHORITY

// GUIDANCE: 20 Pa.C.S. § 7790.3(a)(6) requires disclosure of the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required to exercise powers of the trustee.

1. Currently Acting Trustee(s):

2. Trustee Authority for Co-Trustees:
☐ All co-trustees must act jointly to exercise powers of the trustee
☐ A majority of co-trustees may exercise powers of the trustee
☐ Any single co-trustee may independently exercise powers of the trustee
☐ Other arrangement: [________________________________]

3. Manner of Trustee Authentication:
☐ Signature of all co-trustees required
☐ Signature of a majority of co-trustees required
☐ Signature of any single co-trustee sufficient
☐ Other: [________________________________]

IV. REVOCABILITY STATUS

// GUIDANCE: 20 Pa.C.S. § 7790.3(a)(5) specifically requires disclosure of the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.

1. Revocability:
☐ The Trust is REVOCABLE
☐ The Trust is IRREVOCABLE
☐ The Trust was revocable but became irrevocable on [__/__/____] due to:
☐ Death of the Settlor
☐ Terms of the Trust Instrument
☐ Other: [________________________________]

2. Power to Revoke (if revocable):
The following person(s) hold the power to revoke or amend the Trust:

3. Restrictions on Revocation:
☐ No restrictions on the power to revoke
☐ Revocation requires written notice to the trustee
☐ Revocation requires the consent of: [________________________________]
☐ Other restrictions: [________________________________]

V. TRUSTEE POWERS

// GUIDANCE: Under § 7790.3, the certification should include trustee powers relevant to the transaction at hand. Include only those powers pertinent to the specific purpose for which this certification is being offered. Pennsylvania trust law provides default powers under 20 Pa.C.S. Chapter 77.

The Trustee(s) have the following powers under the Trust Instrument, which include but are not limited to:

1. Real Property Powers:
☐ Power to acquire, sell, exchange, lease, and convey real property
☐ Power to mortgage, pledge, or encumber real property
☐ Power to manage, improve, repair, and maintain real property
☐ Power to subdivide, partition, or develop real property

2. Financial Powers:
☐ Power to open, maintain, and close accounts at financial institutions
☐ Power to borrow money and pledge trust assets as security
☐ Power to invest and reinvest trust assets
☐ Power to collect and receive income and principal

3. Business and Securities Powers:
☐ Power to retain, acquire, and dispose of business interests
☐ Power to vote shares of stock and exercise options
☐ Power to participate in mergers, reorganizations, and recapitalizations

4. General Administrative Powers:
☐ Power to employ agents, attorneys, accountants, and other professionals
☐ Power to execute and deliver instruments and documents
☐ Power to compromise, settle, or abandon claims
☐ Power to make distributions to beneficiaries

5. Tax Powers:
☐ Power to make tax elections and file tax returns
☐ Power to allocate receipts and disbursements between income and principal

6. Additional Powers:
[________________________________]
[________________________________]

VI. TRUST PROPERTY PROVISIONS

// GUIDANCE: 20 Pa.C.S. § 7790.3(d) provides that a certification of trust need not contain the dispositive terms of a trust. Do not include beneficiary names, distribution schedules, or other dispositive provisions unless specifically required for the transaction.

1. Title Holding:
Trust property is held in the name of:
☐ The Trust: [________________________________]
☐ The Trustee(s) as Trustee(s) of the Trust
☐ Other: [________________________________]

2. Tax Identification:
The Trust's Federal Employer Identification Number (EIN) is: [________________________________]

// GUIDANCE: If the trust is a grantor trust, the Settlor's Social Security Number may be used as the tax identification number. Confirm with the requesting institution which number is required.

3. Relevant Trust Property (for this transaction):
[________________________________]
[________________________________]

VII. SUCCESSOR TRUSTEE PROVISIONS

1. Successor Trustee(s):
In the event the currently acting Trustee(s) are unable or unwilling to serve, the following Successor Trustee(s) shall serve in the order listed:

2. Method of Successor Trustee Appointment:
☐ Automatic succession as provided in the Trust Instrument
☐ Appointment by the Settlor (if living and competent)
☐ Appointment by a Trust Protector
☐ Court appointment pursuant to 20 Pa.C.S. § 7765
☐ Other: [________________________________]

VIII. ADDITIONAL STATUTORY CERTIFICATIONS

// GUIDANCE: 20 Pa.C.S. § 7790.3(c) requires the certification to include a statement that the trust has not been revoked, modified, or amended in a manner that would cause the representations to be incorrect.

The undersigned Trustee(s) hereby further certify the following:

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

2. The Trust is currently in full force and effect.

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

4. The undersigned has/have the authority under the Trust Instrument to execute this Certification of Trust on behalf of the Trust.

5. There are no pending proceedings in any court of the Commonwealth of Pennsylvania or elsewhere that would affect the validity of this Trust or the authority of the Trustee(s).

6. No event has occurred which would terminate the Trust or alter the powers of the Trustee(s) as set forth herein.

IX. THIRD-PARTY RELIANCE PROVISIONS

// GUIDANCE: 20 Pa.C.S. § 7790.3(g) provides that a person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

Pursuant to 20 Pa.C.S. § 7790.3:

1. Any 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.

2. 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 herein were correct.

3. 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.

4. A person making a demand for the Trust Instrument in addition to this Certification of Trust or excerpts therefrom may be liable for damages if a court determines that the person did not act in good faith in making such demand, pursuant to 20 Pa.C.S. § 7790.3(h).

X. RECIPIENT'S RIGHTS

Pursuant to 20 Pa.C.S. § 7790.3(f), the recipient of this Certification of Trust may require the Trustee(s) to furnish copies of those excerpts from the original Trust Instrument and later amendments to the Trust Instrument that:

1. Designate the Trustee(s); and
2. Confer upon the Trustee(s) the power to act in the pending transaction.

XI. GOVERNING LAW

This Trust is governed by the laws of the Commonwealth of Pennsylvania, including but not limited to the Pennsylvania Uniform Trust Act, 20 Pa.C.S. Chapter 77, and is subject to the jurisdiction of the Orphans' Court Division of the Court of Common Pleas of [________________________________] County, Pennsylvania.

XII. EXECUTION AND ACKNOWLEDGMENT

// GUIDANCE: 20 Pa.C.S. § 7790.3(b) provides that a certification of trust may be signed or otherwise authenticated by any trustee. Notarization is not statutorily required but is strongly recommended, especially for real property transactions and financial institution requirements.

TRUSTEE EXECUTION:

I/We, the undersigned, being the currently acting Trustee(s) of the above-referenced Trust, do hereby certify under penalty of law that all statements and representations made in this Certification of Trust are true and correct to the best of my/our knowledge and belief.

Trustee Signature:

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARIZATION

// GUIDANCE: While not required by 20 Pa.C.S. § 7790.3, notarization is strongly recommended for Pennsylvania certifications of trust, particularly for real property transactions, financial account openings, and title transfers. Many institutions will not accept an unnotarized certification.

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], before me, the undersigned notary public, 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 authorized capacity(ies), 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.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]
Notary Seal/Stamp:

[SEAL]

XIII. PENNSYLVANIA-SPECIFIC NOTES AND REQUIREMENTS

// GUIDANCE: Review and customize the following notes based on the specific transaction and client circumstances.

1. Orphans' Court Jurisdiction: Under Pennsylvania law, the Orphans' Court Division of the Court of Common Pleas has jurisdiction over trust matters. See 20 Pa.C.S. § 7791.

2. Registration Not Required: Pennsylvania does not require registration of trusts with any court or state agency. However, a trustee may voluntarily register a trust with the appropriate Orphans' Court.

3. Recording for Real Property: If this Certification is being used in connection with a real property transaction, it may be recorded with the Recorder of Deeds in the county where the real property is located to establish the trust's interest in the property.

4. Act 64 of 2024 Amendments: Practitioners should verify whether recent amendments to 20 Pa.C.S. Chapter 77 under Act 64 affect the specific provisions cited herein. Subsections (d) and (f) of § 7790.3 were amended.

5. Uniform Trust Act Conformity: Pennsylvania's certification of trust provisions are modeled after the Uniform Trust Code (UTC) § 1013 but may contain Pennsylvania-specific modifications.

6. No Dispositive Terms Required: Pursuant to 20 Pa.C.S. § 7790.3(d), this Certification is not required to contain the dispositive terms of the Trust Instrument.

XIV. SOURCES AND REFERENCES

• 20 Pa.C.S. § 7790.3 - Certification of Trust (UTC 1013)
• 20 Pa.C.S. § 7790.2 - Protection of Persons Dealing with Trustee
• 20 Pa.C.S. Chapter 77 - Pennsylvania Uniform Trust Act
• 20 Pa.C.S. § 7765 - Vacancy in Trusteeship; Appointment of Successor
• 20 Pa.C.S. § 7791 - Jurisdiction

This Certification of Trust is furnished pursuant to 20 Pa.C.S. § 7790.3 and is intended solely for the purpose of establishing the existence and terms of the Trust as set forth herein. This Certification does not contain the dispositive provisions of the Trust Instrument.

[END OF CERTIFICATION OF TRUST]