Certification of Trust

CERTIFICATION OF TRUST

Commonwealth of Virginia

Pursuant to Va. Code Ann. § 64.2-804

// GUIDANCE: Under Va. Code Ann. § 64.2-804(B), this certification may be
// signed by ANY trustee. Unlike New Jersey, Virginia does not require
// all co-trustees to sign.

THIS CERTIFICATION OF TRUST is made and executed as of [__/__/____] by the undersigned Trustee of the trust identified herein, pursuant to Va. Code Ann. § 64.2-804 of the Virginia Uniform Trust Code.

SECTION 1 — PURPOSE AND STATUTORY AUTHORITY

This Certification of Trust is furnished pursuant to Va. Code Ann. § 64.2-804 in lieu of providing a copy of the trust instrument to persons other than beneficiaries. Under this statute, a trustee may furnish a certification of trust containing the information specified herein, and the recipient may assume without inquiry the existence of the facts contained herein pursuant to Va. Code Ann. § 64.2-804(F).

// GUIDANCE: Under § 64.2-804(D), the certification need not contain the
// dispositive terms of the trust. If a recipient demands the full trust
// instrument, advise the client that refusal to accept the certification
// may expose the recipient to liability under § 64.2-804(G).

SECTION 2 — TRUST IDENTIFICATION

2.1 Trust Existence and Date of Execution

Pursuant to Va. Code Ann. § 64.2-804(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:

☐ 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: [__/__/____]

SECTION 3 — IDENTITY OF THE SETTLOR

Pursuant to Va. Code Ann. § 64.2-804(A)(2), the Settlor(s) of the trust is/are:

Status of Settlor:

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

// GUIDANCE: Under Va. Code Ann. § 64.2-723, the capacity of the settlor
// is relevant to whether a revocable trust may still be amended or revoked.
// If the settlor is incapacitated, review § 64.2-723 for the agent's authority
// under a power of attorney to revoke or amend.

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

Pursuant to Va. Code Ann. § 64.2-804(A)(3), the currently acting Trustee(s) of the trust is/are:

Type of Trustee (check all that apply):

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

// GUIDANCE: Virginia law permits both individual and corporate trustees.
// Corporate trustees must be authorized to do business in Virginia.

SECTION 5 — POWERS OF THE TRUSTEE

Pursuant to Va. Code Ann. § 64.2-804(A)(4), the Trustee has 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 and personal property
☐ Power to open, maintain, and close bank accounts, brokerage accounts, and other financial accounts
☐ Power to borrow money and encumber trust property, including the power to execute deeds of trust and promissory notes
☐ Power to buy, sell, exchange, lease, and convey real property
☐ Power to collect, receive, and receipt for income, principal, and other amounts due the trust
☐ Power to execute contracts, agreements, and other instruments on behalf of the trust
☐ Power to invest and reinvest trust assets pursuant to the Virginia Uniform Prudent Investor Act (Va. Code Ann. § 64.2-780 et seq.)
☐ Power to compromise, settle, or abandon claims
☐ Power to employ agents, attorneys, accountants, and other professionals
☐ Power to make distributions to or for the benefit of trust beneficiaries in accordance with the trust instrument
☐ Power to deal with tax matters and file returns on behalf of the trust
☐ Power to exercise rights with respect to insurance policies
☐ Power to operate or participate in businesses
☐ Other powers: [________________________________]

// GUIDANCE: Va. Code Ann. § 64.2-758 sets forth statutory default powers
// of a trustee. The trust instrument may expand or limit these powers.
// Check only powers relevant to the transaction at hand.

SECTION 6 — REVOCABILITY OR IRREVOCABILITY OF THE TRUST

Pursuant to Va. Code Ann. § 64.2-804(A)(5), the undersigned certifies:

☐ 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: Virginia follows the Uniform Trust Code approach. Under
// Va. Code Ann. § 64.2-720, unless the terms of the trust expressly
// provide that it is irrevocable, the settlor may revoke or amend
// the trust. This is the OPPOSITE of the common-law default in some
// jurisdictions. Verify the trust instrument language.

SECTION 7 — AUTHORITY OF CO-TRUSTEES

Pursuant to Va. Code Ann. § 64.2-804(A)(6), the undersigned certifies the following regarding the authority of co-trustees to sign or otherwise authenticate:

☐ 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 act jointly.

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

☐ Any Single Co-Trustee May Act — Any one co-trustee may independently sign, authenticate, and exercise powers.

☐ Other Arrangement — [________________________________]

// GUIDANCE: Under Va. Code Ann. § 64.2-737, co-trustees who are unable
// to reach a unanimous decision may act by majority decision. The trust
// instrument may alter this default rule.

SECTION 8 — TAXPAYER IDENTIFICATION NUMBER

Pursuant to Va. Code Ann. § 64.2-804(A)(7), the trust's taxpayer identification number is:

Trust Taxpayer Identification Number (TIN/EIN): [________________________________]

// GUIDANCE: Virginia is one of the states that specifically requires the
// trust's TIN/EIN in the certification of trust. This is a statutory
// requirement under § 64.2-804(A)(7). If the trust uses the settlor's
// Social Security Number (for revocable grantor trusts), include that
// number here with appropriate privacy precautions.

SECTION 9 — TITLE TO TRUST PROPERTY

Title to trust property may be taken in the following name(s):

Title Format: [________________________________]

Common Virginia titling formats:

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

// GUIDANCE: While § 64.2-804 does not expressly require a titling
// provision, it is standard practice and often required by Virginia
// circuit court clerks for recorded instruments.

SECTION 10 — SUCCESSOR TRUSTEE PROVISIONS

The trust instrument provides for the following succession of trusteeship:

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

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

10.3 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.
☐ The trust instrument provides for appointment by the court if no successor is designated.

SECTION 11 — TRUST PROPERTY PROVISIONS

// GUIDANCE: Va. Code Ann. § 64.2-804(D) expressly provides that a
// certification of trust need not contain the dispositive terms of the trust.

11.1 This Certification of Trust does not disclose the dispositive terms of the trust, as permitted by Va. Code Ann. § 64.2-804(D). The dispositive terms include provisions directing or authorizing distributions to beneficiaries and are not required to be disclosed.

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

☐ Real property located in the Commonwealth of Virginia
☐ 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 12 — REPRESENTATIONS AND WARRANTIES

Pursuant to Va. Code Ann. § 64.2-804(B), the undersigned Trustee hereby represents and warrants as follows:

12.1 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.

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

12.3 The undersigned is a duly appointed, currently acting, and qualified Trustee of the trust.

12.4 The trust is valid and in full force and effect under the laws of the Commonwealth of Virginia.

12.5 No proceedings are currently pending in any Virginia circuit court or other court of competent jurisdiction that would affect the validity of the trust or the authority of the Trustee to act on behalf of the trust.

SECTION 13 — RELIANCE BY THIRD PARTIES

Pursuant to Va. Code Ann. § 64.2-804(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. A person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the trust property as if the representations were correct.

SECTION 14 — LIABILITY FOR REFUSAL TO ACCEPT CERTIFICATION

Pursuant to Va. Code Ann. § 64.2-804(G), a person who in good faith demands that a trustee provide a copy of the trust instrument instead of this Certification of Trust may be held liable for damages, including reasonable attorney fees, if the person refuses to accept this Certification and the refusal is not based on a reasonable belief that the Certification does not comply with the requirements of § 64.2-804.

// GUIDANCE: Include this provision to inform recipients of the potential
// consequences of unreasonably refusing to accept the certification.

SECTION 15 — REQUEST FOR ADDITIONAL EXCERPTS

Pursuant to Va. Code Ann. § 64.2-804(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.

SECTION 16 — GOVERNING LAW

This Certification of Trust shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, including but not limited to the Virginia Uniform Trust Code (Va. Code Ann. § 64.2-700 et seq.).

SECTION 17 — EXECUTION AND SIGNATURES

// GUIDANCE: Under Va. Code Ann. § 64.2-804(B), the certification may be
// signed or otherwise authenticated by ANY trustee. Unlike New Jersey,
// Virginia does not require all co-trustees to sign.

IN WITNESS WHEREOF, the undersigned Trustee has executed this Certification of Trust on the date first written above.

Trustee:

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Additional Trustee (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARIZATION

Commonwealth of Virginia

City/County of [________________________________]

On this [____] day of [________________________________], [________], before me, the undersigned Notary Public in and for the Commonwealth of Virginia, personally appeared:

[________________________________]

known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing Certification of Trust, and acknowledged to me that he/she executed the same as Trustee for the purposes therein contained.

WITNESS my hand and official seal.

Signature of Notary Public: ___________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Registration Number: [________________________________]

Notary Seal/Stamp:

[AFFIX NOTARY SEAL HERE]

VIRGINIA STATE-SPECIFIC NOTES

1. Uniform Trust Code Adoption: Virginia adopted the Uniform Trust Code effective July 1, 2005 (Acts 2005, c. 935), codified at Va. Code Ann. § 64.2-700 et seq. The certification of trust provision is at § 64.2-804.

2. TIN Requirement: Virginia specifically requires the trust's taxpayer identification number in the certification under § 64.2-804(A)(7). This is a Virginia-specific addition to the Uniform Trust Code.

3. Single Trustee Signature: Unlike some states, Virginia permits ANY single trustee to sign the certification under § 64.2-804(B). All co-trustees need not execute.

4. Presumption of Revocability: Under Va. Code Ann. § 64.2-720, unless the terms of a trust expressly provide that it is irrevocable, the settlor may revoke or amend the trust.

5. Liability for Refusal: Under § 64.2-804(G), a person who refuses to accept a valid certification of trust without reasonable grounds may be liable for damages, including attorney fees.

6. Real Property Recording: For real property transactions in Virginia, the certification may need to be recorded in the circuit court clerk's office of the jurisdiction where the property is situated. Confirm local recording requirements.

7. Agent Authority: Under Va. Code Ann. § 64.2-723, an agent under a valid power of attorney may exercise the settlor's power to revoke or amend a revocable trust if the power of attorney expressly grants such authority.

SOURCES AND REFERENCES

• Va. Code Ann. § 64.2-804 — Certification of Trust
• Virginia Uniform Trust Code — Chapter 7
• Virginia Certificate of Trust — Deeds.com

This template is intended for use by licensed attorneys in the Commonwealth of Virginia. 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.