Rhode Island Certification of Trust (Affidavit or Memorandum of Trust)

AFFIDAVIT OR MEMORANDUM OF TRUST

(Certification of Trust)

Pursuant to R.I. Gen. Laws Section 34-4-27

// GUIDANCE: Rhode Island uses the term "affidavit or memorandum of trust" rather than "certification of trust." This is the state's statutory mechanism for documenting trust existence and authority. The document must be executed by each settlor OR each current trustee. For real property, recording is mandatory.

STATE OF RHODE ISLAND

COUNTY OF [________________________________]

I. TRUST IDENTIFICATION

The undersigned, pursuant to R.I. Gen. Laws Section 34-4-27, hereby certify and affirm the following:

1. Name of the Trust:
[________________________________]

// GUIDANCE: Under Section 34-4-27, the affidavit must include the name of the trust, including the name of each settlor, the name of each original trustee, and the date of the original instrument and of each amendment or restatement.

2. Name(s) of Each Settlor:

3. Name(s) of Each Original Trustee:

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

5. Date(s) of Each Amendment or Restatement:

// GUIDANCE: If none, state "The trust instrument has not been amended or restated."

6. Trust Tax Identification Number (EIN):
[________________________________]

7. Trust Situs / Governing Law:
The trust is governed by the laws of the State of Rhode Island and Providence Plantations.

II. CURRENTLY ACTING TRUSTEES

8. Currently Acting Trustee(s):

9. Co-Trustee Authority:

☐ Sole Trustee. The trust has a single Trustee with full authority.

☐ Co-Trustees: All Required. All Trustees must act jointly.

☐ Co-Trustees: Majority Required. A majority of Trustees may act.

☐ Co-Trustees: Any One May Act. Any single Trustee may act independently.

☐ Co-Trustees: Other Arrangement:
[________________________________]

III. TRUSTEE AUTHORITY AND POWERS

10. Authority to Convey, Mortgage, Lease, and Grant Interests in Real Estate:

Pursuant to R.I. Gen. Laws Section 34-4-27(a)(4):

// GUIDANCE: Section 34-4-27(a)(4) requires a statement as to the trustee's authority to convey, mortgage, lease, or grant restrictions or easements or any other interest in real estate, WITH a copy of the relevant provisions of the trust attached. This attachment requirement is mandatory for real property transactions.

The Trustee(s) have the following authority with respect to real property:

☐ The Trustee(s) have full authority to convey, mortgage, lease, and grant restrictions, easements, or any other interest in real estate held in trust, without limitation.

☐ The Trustee(s) have limited authority as follows:
[________________________________]

☐ A copy of the relevant provisions of the trust instrument pertaining to the Trustee's authority over real estate is attached hereto as Exhibit A, as required by Section 34-4-27(a)(4).

11. Derogation from Trustee Powers:

Pursuant to R.I. Gen. Laws Section 34-4-27(a)(5):

// GUIDANCE: Section 34-4-27(a)(5) requires a statement as to whether anything in the trust derogates from the power of the trustees to convey, mortgage, lease, or grant restrictions or easements or any other interest in real estate.

☐ Nothing in the trust instrument derogates from the power of the Trustee(s) to convey, mortgage, lease, or grant restrictions, easements, or any other interest in real estate held in trust.

☐ The trust instrument contains the following limitations or derogations from the Trustee's powers over real estate:
[________________________________]

12. General Trustee Powers:

In addition to the powers relating to real property, the Trustee(s) possess(es) the following general powers as granted by the trust instrument and applicable Rhode Island law, including R.I. Gen. Laws Section 18-4-2:

(a) To collect, hold, manage, and administer trust property;

(b) To acquire, sell, exchange, or otherwise dispose of real or personal property;

(c) To lease trust property for any term;

(d) To borrow money and encumber trust property;

(e) To deposit trust funds in financial institutions;

(f) To invest and reinvest trust property in accordance with the Uniform Prudent Investor Act (R.I. Gen. Laws Sections 18-15-1 through 18-15-13);

(g) To participate in business operations and organizational changes;

(h) To compromise, contest, or settle claims;

(i) To insure trust property and the Trustee against loss and liability;

(j) To employ attorneys, accountants, and other professionals;

(k) To distribute trust income and principal per the trust terms;

(l) To make tax elections and file returns; and

(m) To execute all instruments necessary to carry out the trust purposes.

IV. REVOCABILITY AND TERMINATION STATUS

13. Revocability Status:

Pursuant to R.I. Gen. Laws Section 34-4-27(a)(8):

// GUIDANCE: Section 34-4-27(a)(8) requires a statement as to whether the trust is revocable and, if revocable, the circumstances under which it becomes irrevocable.

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

☐ Irrevocable. The trust is irrevocable.

☐ Conditionally Irrevocable. The trust became irrevocable upon the occurrence of:
[________________________________]

14. Revocation and Termination Status:

Pursuant to R.I. Gen. Laws Section 34-4-27(a)(6):

// GUIDANCE: Section 34-4-27(a)(6) requires a statement as to whether the trust has been revoked or has otherwise terminated, and, if so, a statement as to the trustees' power to convey trust property to effect such revocation or termination.

☐ The trust has NOT been revoked and has NOT terminated. The trust remains in full force and effect.

☐ The trust has been revoked. The Trustee(s) have the power to convey trust property to effect such revocation as follows:
[________________________________]

☐ The trust has terminated. The Trustee(s) have the power to convey trust property to effect such termination as follows:
[________________________________]

15. Time and Manner of Trust Termination:

Pursuant to R.I. Gen. Laws Section 34-4-27(a)(8):

// GUIDANCE: Section 34-4-27(a)(8) also requires a statement regarding the time and manner in which the trust terminates.

[________________________________]
[________________________________]

V. SUCCESSOR TRUSTEE PROVISIONS

16. Manner of Trustee Replacement and Successor Appointment:

Pursuant to R.I. Gen. Laws Section 34-4-27(a)(7):

// GUIDANCE: Section 34-4-27(a)(7) requires a statement as to the manner in which the trustees are replaced and successor trustees are appointed.

The trust instrument provides for the replacement of trustees and appointment of successor trustees as follows:

[________________________________]
[________________________________]
[________________________________]

17. Designated Successor Trustee(s):

VI. TRUST PROPERTY PROVISIONS

18. Trust Property Subject to This Affidavit:

// GUIDANCE: For real property transactions, include the full legal description. Under Section 34-4-27, recording is mandatory for any transfer or mortgage of trust property.

[________________________________]
[________________________________]
[________________________________]

19. Manner of Holding Title:

☐ In the name of the Trustee(s), as Trustee(s) of the [________________________________] Trust, dated [__/__/____].

☐ In the name of the Trust: [________________________________]

☐ Other: [________________________________]

VII. STATUTORY REPRESENTATIONS AND THIRD-PARTY RELIANCE

20. Representations:

The undersigned represent and certify that:

(a) The trust identified herein exists and has not been revoked, modified, or amended in any manner that would cause the representations contained in this Affidavit or Memorandum of Trust to be incorrect;

(b) This Affidavit or Memorandum of Trust complies with the requirements of R.I. Gen. Laws Section 34-4-27;

(c) The information contained herein is true and correct as of the date of execution;

(d) The undersigned are authorized to execute this Affidavit as (select one):
☐ Each Settlor of the trust
☐ Each currently acting Trustee of the trust

// GUIDANCE: Section 34-4-27 requires execution by "each settlor of the trust, or by each current trustee." Choose the appropriate execution option.

(e) Where applicable, copies of relevant trust provisions are attached as required by Section 34-4-27(a)(4).

21. Third-Party Reliance:

Pursuant to R.I. Gen. Laws Section 34-4-27, any third party without actual knowledge to the contrary may rely on the validity of the statements contained in this Affidavit or Memorandum of Trust.

VIII. RECORDING INFORMATION

// GUIDANCE: Under R.I. Gen. Laws Section 34-4-27, any transfer or mortgage of trust property by the trustees requires recording of the trust instrument or the affidavit/memorandum of trust. Recording is done at the city or town clerk's office in Rhode Island (not county).

22. Recording Details:

☐ This Affidavit or Memorandum of Trust is being recorded in connection with:

☐ Creation of the trust
☐ Amendment of the trust
☐ Restatement of the trust
☐ Revocation of the trust
☐ Transfer of trust property
☐ Mortgage of trust property
☐ Other: [________________________________]

City/Town of Recording: [________________________________]

// GUIDANCE: Rhode Island records land records at the city/town level, not the county level. Ensure the correct municipality is identified.

IX. EXECUTION

// GUIDANCE: The affidavit must be executed by each settlor OR each current trustee per Section 34-4-27. For recording purposes, notarization is required.

IN WITNESS WHEREOF, the undersigned have executed this Affidavit or Memorandum of Trust on this [____] day of [________________], [________].

Signature (Settlor or Trustee):

_________________________________________
[________________________________]
☐ Settlor ☐ Trustee
of the [________________________________] Trust
Dated [__/__/____]

Date: [__/__/____]

Signature (Settlor or Trustee, if applicable):

_________________________________________
[________________________________]
☐ Settlor ☐ Trustee
of the [________________________________] Trust
Dated [__/__/____]

Date: [__/__/____]

X. NOTARIZATION

STATE OF RHODE ISLAND

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 the within instrument and acknowledged to me that he/she/they executed the same freely and voluntarily for the purposes therein mentioned.

// GUIDANCE: Rhode Island notarial acts are governed by R.I. Gen. Laws Chapter 42-30.1 (Revised Uniform Law on Notarial Acts). Remote notarization is permitted under R.I. Gen. Laws Section 42-30.1-19.

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

_________________________________________
Notary Public, State of Rhode Island
My Commission Expires: [__/__/____]

[NOTARY SEAL]

XI. EXHIBIT A - RELEVANT TRUST PROVISIONS

// GUIDANCE: Under R.I. Gen. Laws Section 34-4-27(a)(4), a copy of the relevant provisions of the trust instrument pertaining to the trustee's authority over real estate must be attached. Insert or attach the applicable provisions below.

☐ Relevant provisions of the trust instrument are attached on the following pages.

☐ Not applicable (this certification is not being used in connection with a real property transaction requiring attachment of trust provisions).

XII. STATE-SPECIFIC NOTES

// GUIDANCE: The following notes address Rhode Island-specific considerations.

A. No Uniform Trust Code. Rhode Island has NOT adopted the Uniform Trust Code. Trust law in Rhode Island is primarily governed by common law principles supplemented by statutory provisions in Title 18 (Fiduciaries) and Title 34 (Property). The certification of trust framework under Section 34-4-27 is distinct from the UTC model.

B. Affidavit vs. Memorandum. Section 34-4-27 uses the term "affidavit or memorandum of trust." Either form may be used. The affidavit form includes an oath or affirmation before a notary public.

C. Mandatory Recording for Real Property. Unlike many states where recording is optional, R.I. Gen. Laws Section 34-4-27 provides that any transfer or mortgage of trust property by the trustees SHALL require recording of the trust instrument (as amended or restated) or, alternatively, the affidavit or memorandum of trust.

D. Attachment Requirement. Section 34-4-27(a)(4) requires that a copy of the relevant provisions of the trust pertaining to the trustee's authority over real estate be attached to the affidavit or memorandum. This is more disclosure than many states require.

E. Execution Options. The affidavit may be executed by each settlor of the trust OR by each current trustee. This provides flexibility, particularly where the settlor is still living and capable.

F. City/Town Recording. Rhode Island is unique in that land records are maintained at the city or town level, not at the county level. Ensure the affidavit is recorded in the correct municipality.

G. Real Estate Conveyance Tax. Rhode Island imposes a real estate conveyance tax (R.I. Gen. Laws Section 44-25-1 et seq.). Transfers of real property into or out of a trust may be subject to this tax. Consult with counsel regarding applicable exemptions.

H. Nominee Trusts. Rhode Island has specific provisions for nominee trusts under R.I. Gen. Laws Section 34-4-30. If the trust is a nominee trust, additional or alternative documentation may be appropriate.

I. Third-Party Reliance Standard. The reliance standard under Section 34-4-27 is based on the absence of "actual knowledge to the contrary." This is a protective standard for third parties, but is less detailed than the reliance provisions in the UTC.

J. No Dispositive Term Disclosure. While Section 34-4-27 requires attachment of provisions relating to trustee real estate authority, it does not require disclosure of the trust's dispositive terms. The full trust instrument need not be recorded if the affidavit/memorandum is properly prepared.

This Affidavit or Memorandum of Trust is made under the laws of the State of Rhode Island and is intended to comply with all requirements of R.I. Gen. Laws Section 34-4-27. This document does not contain the dispositive terms of the trust, except to the extent that relevant trust provisions are attached as Exhibit A.