Vermont Certification of Trust

CERTIFICATE OF TRUST

(Pursuant to 14A V.S.A. § 1013)

STATE OF VERMONT

COUNTY OF [________________________________]

TOWN/CITY OF [________________________________]

// GUIDANCE: Vermont's trust law is codified at Title 14A of the Vermont Statutes
// Annotated. The certification of trust statute at § 1013 has unique Vermont
// features, including the conclusive proof standard and the requirement for a
// sworn oath before a notary. Note that Vermont uses a town-based land records
// system, so the municipality is important for recording purposes.

ARTICLE I — TRUST IDENTIFICATION

The undersigned Trustee(s), being duly sworn, do hereby certify under oath, pursuant to 14A V.S.A. § 1013, the following facts regarding the trust identified herein. This Certificate of Trust is executed in lieu of recording or presenting the entire trust instrument, and sets forth less than all of the provisions of the trust instrument and any amendments thereto.

1.1 Trust Name:
[________________________________]

1.2 Date of Trust Execution or Creation:
[__/__/____]

// GUIDANCE: Per 14A V.S.A. § 1013(a), the certificate may be executed "at any time
// after execution or creation of a trust." This language accommodates both written
// trust instruments and oral trusts.

1.3 Date of Any Amendments or Restatements:
☐ The trust instrument has not been amended or restated.
☐ The trust instrument was amended on: [________________________________]
☐ The trust instrument was restated on: [__/__/____]

1.4 Trust Situs:
[________________________________], Vermont

1.5 Trust Tax Identification Number:
[________________________________]

ARTICLE II — SETTLOR/GRANTOR IDENTIFICATION

2.1 Identity of Settlor(s)/Grantor(s):

2.2 Settlor Status:

☐ Settlor is currently living
☐ Settlor is deceased (Date of Death: [__/__/____])
☐ Joint Settlors — both currently living
☐ Joint Settlors — one or more deceased

ARTICLE III — TRUSTEE IDENTIFICATION AND POWERS

3.1 Name and Address of Currently Acting Trustee(s):

// GUIDANCE: 14A V.S.A. § 1013(a) requires the certificate to include "the name and
// address of each trustee empowered to act under the trust instrument at the time
// of execution of the certificate."

3.2 Trustee Type:

☐ Individual Trustee
☐ Corporate/Institutional Trustee
☐ Co-Trustees
☐ Other: [________________________________]

3.3 Abstract of Trustee Powers:

// GUIDANCE: 14A V.S.A. § 1013(a) requires "an abstract of the provisions of the
// trust instrument authorizing the trustee to act in the manner contemplated by
// the instrument." This is broader than just listing applicable powers — it
// requires a substantive abstract of the authorization provisions.

The trust instrument authorizes the Trustee(s) to act as follows (abstract of authorizing provisions):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.4 Specific Powers of the Trustee(s):

The Trustee(s) possess(es), among others, the following powers as granted by the trust instrument:

☐ Power to buy, sell, exchange, and convey real property
☐ Power to buy, sell, exchange, and convey personal property
☐ Power to manage, lease, improve, and develop real property
☐ Power to borrow money and encumber trust property
☐ Power to open, maintain, and close financial accounts
☐ Power to invest and reinvest trust assets
☐ Power to execute deeds, mortgages, contracts, and instruments
☐ Power to employ agents, attorneys, and professionals
☐ Power to make distributions to beneficiaries
☐ Power to compromise and settle claims
☐ Power to deal with digital assets
☐ Other powers: [________________________________]

3.5 No Limitations on Authority:

// GUIDANCE: 14A V.S.A. § 1013(a) specifically requires "a statement that no
// provisions of the trust instrument limit the authority so granted." If limitations
// DO exist, they must be disclosed.

☐ No provisions of the trust instrument limit the authority granted to the Trustee(s) as described above.

☐ The following provisions of the trust instrument limit the authority granted:
[________________________________]
[________________________________]

3.6 Co-Trustee Action Requirements:

☐ All Co-Trustees must act unanimously
☐ A majority of Co-Trustees may act
☐ Any single Co-Trustee may act independently
☐ Not applicable — sole Trustee
☐ Other: [________________________________]

ARTICLE IV — TRUST PROPERTY PROVISIONS

4.1 Trust Property Categories:

The trust holds or is authorized to hold:

☐ Real property located in Vermont
☐ Real property located outside Vermont
☐ Bank and financial accounts
☐ Securities and investment accounts
☐ Business interests
☐ Personal property
☐ Other: [________________________________]

4.2 Manner of Holding Title:

Title to trust property is or may be taken in the following name:
[________________________________], as Trustee(s) of the [________________________________] Trust, dated [__/__/____]

4.3 Real Property Description (if applicable):

// GUIDANCE: If the certificate of trust involves real property, include the complete
// legal description. When recorded, the certificate is filed in the municipal land
// records of the town or city where the property is located, pursuant to
// 14A V.S.A. § 1013(b).

Property located in: Town/City of [________________________________], County of [________________________________], State of Vermont

Legal Description:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE V — REVOCABILITY STATUS

5.1 Trust Revocability:

☐ The trust is REVOCABLE.
The following person(s) hold the power to revoke:
[________________________________]

☐ The trust is IRREVOCABLE.
No person holds the power to revoke the trust.

5.2 Amendment Status:

☐ The trust may be amended by: [________________________________]
☐ The trust may not be amended

5.3 Status Confirmation:

The undersigned Trustee(s) certify that:

(a) The trust instrument has NOT been revoked or amended as to the authorizing provisions described herein;
(b) The trust exists and is in full force and effect; and
(c) No provisions of the trust instrument other than those described herein limit the authority of the Trustee(s) to act in the manner contemplated by this Certificate.

// GUIDANCE: This confirmation tracks the language of 14A V.S.A. § 1013(a),
// which requires both a statement that the trust instrument has not been revoked
// or amended as to the authorizing provisions AND a statement that the trust exists.

ARTICLE VI — COURT SUPERVISION

// GUIDANCE: 14A V.S.A. § 1013(a) specifically requires "a statement as to whether
// the trust is supervised by any court and, if so, a statement that all necessary
// approval has been obtained for the trustee to act." This is a Vermont-specific
// requirement not found in all states' certification statutes.

6.1 Court Supervision:

☐ The trust is NOT supervised by any court.

☐ The trust IS supervised by the following court:
Court Name: [________________________________]
Case/Docket Number: [________________________________]
All necessary court approval has been obtained for the Trustee(s) to act in the pending transaction.

ARTICLE VII — SUCCESSOR TRUSTEE INFORMATION

7.1 Designated Successor Trustee(s):

First Successor Trustee:
Name: [________________________________]
Address: [________________________________]

Second Successor Trustee:
Name: [________________________________]
Address: [________________________________]

7.2 Manner of Succession:

☐ Named in the trust instrument
☐ Appointed by designated party: [________________________________]
☐ Court appointment required
☐ Other: [________________________________]

ARTICLE VIII — VERMONT STATUTORY DISCLOSURES

8.1 Purpose and Effect of Certificate:

This Certificate of Trust is executed pursuant to 14A V.S.A. § 1013 and may be used as evidence of the Trustee's authority to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real or personal property held by the trust.

8.2 Recording and Effect:

Pursuant to 14A V.S.A. § 1013(b), this Certificate of Trust may be recorded in the municipal land records where the land identified herein or in any attachment hereto is located. When so recorded, or in the case of personal property, when presented to a third party, this Certificate of Trust serves to document:

(a) The existence of the trust;
(b) The identity of the Trustee(s);
(c) The powers of the Trustee(s) and any limitations on those powers; and
(d) Other matters set forth herein;

as though the full trust instrument had been recorded, filed, or presented.

8.3 Conclusive Proof:

Pursuant to 14A V.S.A. § 1013(c), this Certificate of Trust is conclusive proof as to the matters contained herein, and any party may rely upon the continued effectiveness of this Certificate, UNLESS:

(a) A party dealing with the Trustee(s) has actual knowledge of facts to the contrary;
(b) This Certificate is amended or revoked pursuant to 14A V.S.A. § 1013(d); or
(c) The full trust instrument, including all amendments, is recorded or filed.

// GUIDANCE: Vermont's "conclusive proof" standard is strong. This means that
// third parties are fully protected when relying on the certificate, provided
// they do not have actual knowledge of contrary facts.

8.4 Amendment or Revocation of Certificate:

Pursuant to 14A V.S.A. § 1013(d), if this Certificate of Trust is amended or revoked, the Trustee(s) shall give notice of such amendment or revocation to any person to whom this Certificate was presented and who may reasonably be expected to rely upon it.

8.5 Right to Request Excerpts:

Pursuant to 14A V.S.A. § 1013(e), a recipient of this Certificate of Trust may request the supporting excerpts from the trust instrument that designate the Trustee and confer the relevant powers upon the Trustee.

8.6 Broad Applicability:

Pursuant to 14A V.S.A. § 102(b), this certification of trust provision applies to ALL trusts described in Vermont law, including those that would otherwise be excluded from Title 14A.

ARTICLE IX — ADDITIONAL CERTIFICATIONS

The undersigned Trustee(s) further certify:

9.1. The statements contained in this Certificate of Trust are true and correct.

9.2. The Trustee(s) signing this Certificate is/are duly authorized and currently serving in such capacity.

9.3. The trust is in full force and effect as of the date of this Certificate.

9.4. There are no proceedings pending that would affect the authority of the Trustee(s) to act as described herein.

ARTICLE X — EXECUTION AND NOTARIZATION

// GUIDANCE: 14A V.S.A. § 1013(a) expressly requires that "the signature of the
// trustee must be under oath before a notary public or other official authorized
// to administer oaths." This is a mandatory requirement under Vermont law — the
// certificate must be sworn and notarized.

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certificate of Trust under oath, as required by 14A V.S.A. § 1013, on this [____] day of [________________________________], 20[____].

TRUSTEE SIGNATURE(S):

Signature: ___________________________________________
Printed Name: [________________________________]
Title/Capacity: Trustee
Date: [__/__/____]

Signature: ___________________________________________
Printed Name: [________________________________]
Title/Capacity: Trustee
Date: [__/__/____]

NOTARIZATION (REQUIRED UNDER VERMONT LAW)

STATE OF VERMONT
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________________________], 20[____], 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.

The above-named person(s), being by me first duly sworn, did depose and state under oath that the contents of the foregoing Certificate of Trust are true and correct to the best of his/her/their knowledge and belief, as required by 14A V.S.A. § 1013.

WITNESS my hand and official seal.

Signature of Notary: ___________________________________________
Printed Name of Notary: [________________________________]
My Commission Expires: [__/__/____]
Town/City of Commission: [________________________________]

[NOTARY SEAL]

VERMONT STATE-SPECIFIC NOTES

1. Sworn Oath Required: Vermont expressly requires that the trustee's signature be under oath before a notary public. This is not merely a recommendation — it is a statutory requirement under 14A V.S.A. § 1013(a).

2. Conclusive Proof Standard: Vermont provides a strong "conclusive proof" standard for certificates of trust (14A V.S.A. § 1013(c)), meaning third parties can rely on the certificate with a high degree of confidence absent actual knowledge of contrary facts.

3. Municipal Recording System: Vermont uses a town-based recording system for land records. Certificates of trust involving real property should be recorded in the land records of the town or city where the property is located, not at the county level.

4. Broad Applicability: Unlike many states, Vermont's certification of trust provision applies to ALL trusts — including business trusts, statutory trusts, and other trust types normally excluded from the general trust code (14A V.S.A. § 102(b)).

5. Effective as Full Trust Instrument: When recorded or presented, the certificate is effective "as though the full trust instrument had been recorded, filed, or presented" (14A V.S.A. § 1013(b)). This provides strong evidentiary value.

6. Notice Obligation on Amendment: The trustee must provide notice to relevant parties if the certificate is amended or revoked (14A V.S.A. § 1013(d)). This is an affirmative duty on the trustee.

7. Court Supervision Disclosure: Vermont requires an express statement regarding court supervision, including confirmation that all necessary court approvals have been obtained. This is a Vermont-specific requirement that should not be overlooked.

8. Abstract of Provisions: Vermont requires an "abstract of the provisions" authorizing the trustee to act — this is more detailed than a simple list of powers. Counsel should prepare a substantive summary of the relevant trust provisions.

This Certificate of Trust is prepared in accordance with 14A V.S.A. § 1013. It does not contain all provisions of the trust instrument. This document is not a substitute for legal advice.