CERTIFICATION OF TRUST

(Pursuant to Wisconsin Statutes § 701.1013)

TABLE OF CONTENTS

1. Purpose and Statutory Authority
2. Trust Existence and Identification
3. Settlor Identification
4. Trustee Identification and Address
5. Trustee Powers
6. Revocability and Power to Revoke
7. Co-Trustee Signature and Authentication Authority
8. Manner of Taking Title to Trust Property
9. Trust Amendments and Restatements
10. Dispositive Terms Exclusion and Excerpts
11. Mandatory Representations and Certifications
12. Third-Party Reliance Protections
13. Penalties for Bad Faith Demands
14. Wisconsin-Specific Requirements and Notes
15. Execution
16. Notarization

1. PURPOSE AND STATUTORY AUTHORITY

// GUIDANCE: Wisconsin adopted a comprehensive Trust Code effective July 1, 2014, codified at Wis. Stat. § 701.0101 et seq. The certification of trust provision is at § 701.1013. Wisconsin's statute is notable for several features: (1) any trustee may sign (not all trustees required); (2) a specific requirement to disclose how title may be taken; (3) robust third-party protections; and (4) explicit penalties for bad faith demands for the trust instrument.

This Certification of Trust (this "Certification") is made and furnished pursuant to Wisconsin Statutes § 701.1013, which is part of the Wisconsin Trust Code, Wis. Stat. § 701.0101 et seq. The undersigned Trustee furnishes this Certification to a person other than a beneficiary in lieu of furnishing a copy of the trust instrument, as authorized by law.

This Certification is intended to provide sufficient information for third parties to transact business with the Trustee(s) of the Trust without requiring access to the complete trust instrument. The Certification protects the privacy of the trust's dispositive provisions while establishing the trust's existence, the Trustee's authority, and other required statutory disclosures.

2. TRUST EXISTENCE AND IDENTIFICATION

// GUIDANCE: Wis. Stat. § 701.1013 requires a statement that the trust exists and the date on which the trust instrument was executed.

The undersigned Trustee hereby certifies that the following trust currently exists and is in full force and effect:

Full Legal Name of Trust: [________________________________]

Date of Trust Instrument Execution: [__/__/____]

Type of Trust:

☐ Revocable Living Trust (Inter Vivos)
☐ Irrevocable Trust
☐ Testamentary Trust (created under the Will of [________________________________], admitted to probate in [________________________________] County, Wisconsin, Case No. [________________________________])
☐ Special Needs Trust (First Party — 42 U.S.C. § 1396p(d)(4)(A))
☐ Special Needs Trust (Third Party)
☐ Marital Trust / QTIP Trust
☐ Credit Shelter / Bypass Trust
☐ Charitable Remainder Trust
☐ Land Trust
☐ Other: [________________________________]

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

State of Situs: Wisconsin

County of Administration: [________________________________]

Governing Law: The Trust is governed by the laws of the State of Wisconsin, including the Wisconsin Trust Code, Wis. Stat. § 701.0101 et seq.

3. SETTLOR IDENTIFICATION

// GUIDANCE: Wis. Stat. § 701.1013 requires the identity of the settlor.

Settlor 1 (also known as Grantor or Trustor):

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Status: ☐ Living ☐ Deceased (Date of Death: [__/__/____])

Settlor 2 (if applicable):

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Status: ☐ Living ☐ Deceased (Date of Death: [__/__/____])

4. TRUSTEE IDENTIFICATION AND ADDRESS

// GUIDANCE: Wis. Stat. § 701.1013 requires the identity AND address of the currently acting trustee. The address requirement is explicit in the statute.

The following individual(s) and/or entity(ies) are the currently acting Trustee(s) of the Trust:

Trustee 1:

Full Legal Name: [________________________________]

☐ Individual Trustee
☐ Corporate Trustee (State of Incorporation: [____])
☐ Trust Company (Licensed in Wisconsin: ☐ Yes ☐ No)

Mailing Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Telephone: [________________________________]

Date of Appointment: [__/__/____]

Basis of Appointment: ☐ Originally named in trust instrument ☐ Successor trustee under trust terms ☐ Appointed by court order (Case No.: [________________________________]) ☐ Appointed by trust protector ☐ Other: [________________________________]

Trustee 2 (if applicable):

Full Legal Name: [________________________________]

☐ Individual Trustee
☐ Corporate Trustee (State of Incorporation: [____])
☐ Trust Company (Licensed in Wisconsin: ☐ Yes ☐ No)

Mailing Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Telephone: [________________________________]

Date of Appointment: [__/__/____]

Basis of Appointment: ☐ Originally named in trust instrument ☐ Successor trustee under trust terms ☐ Appointed by court order ☐ Appointed by trust protector ☐ Other: [________________________________]

Trustee 3 (if applicable):

Full Legal Name: [________________________________]

Mailing Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Date of Appointment: [__/__/____]

5. TRUSTEE POWERS

// GUIDANCE: Wis. Stat. § 701.1013 requires disclosure of "the powers of the trustee." Unlike Maryland, which focuses on transaction-specific powers, Wisconsin requires broader disclosure. Trustees in Wisconsin also have statutory powers under Wis. Stat. § 701.0816.

The currently acting Trustee(s) have been granted the following powers under the trust instrument and applicable Wisconsin law, including but not limited to those powers enumerated in Wis. Stat. § 701.0816:

A. Real Estate Powers:

☐ To purchase, acquire, sell, convey, exchange, lease, and manage real property
☐ To execute deeds, mortgages, assignments, satisfactions, and other real estate instruments
☐ To improve, develop, subdivide, partition, raze, or alter real property
☐ To grant easements, restrictive covenants, and licenses
☐ To borrow against and encumber real property held in trust
☐ To manage and collect rents from rental property
☐ To comply with Wisconsin Marital Property Act provisions (Wis. Stat. Ch. 766)

// GUIDANCE: Wisconsin is a marital property (community property) state. Consider marital property implications for trust real estate transactions.

B. Financial and Investment Powers:

☐ To open, maintain, and close accounts at banks, savings institutions, credit unions, and other financial entities
☐ To deposit and withdraw funds and negotiate financial instruments
☐ To invest and reinvest trust assets in any form of property or investment, consistent with the prudent investor rule (Wis. Stat. § 701.0901 et seq.)
☐ To purchase, sell, and trade securities, bonds, mutual funds, exchange-traded funds, and other financial instruments
☐ To borrow money and pledge trust assets as collateral
☐ To hold assets in nominee or street name
☐ To participate in common trust funds and collective investment vehicles

C. Business Powers:

☐ To form, operate, manage, and dissolve business entities
☐ To hold and exercise rights as a shareholder, member, partner, or owner
☐ To enter into, modify, extend, and terminate contracts and agreements
☐ To employ and compensate agents, attorneys, accountants, financial advisors, and other professionals

D. Administrative and Tax Powers:

☐ To pay debts, taxes, assessments, and expenses of trust administration
☐ To distribute income and principal to or for the benefit of beneficiaries
☐ To file tax returns and make tax elections, including elections under Wisconsin income tax law
☐ To allocate receipts and disbursements between income and principal pursuant to Wis. Stat. § 701.20
☐ To exercise the power to adjust between income and principal under Wis. Stat. § 701.2012
☐ To exercise all statutory powers granted under Wis. Stat. § 701.0816

E. Litigation and Settlement Powers:

☐ To commence, prosecute, defend, and settle claims, lawsuits, and proceedings
☐ To compromise, arbitrate, and mediate disputes
☐ To submit claims to binding or non-binding dispute resolution
☐ To retain and authorize legal counsel

6. REVOCABILITY AND POWER TO REVOKE

// GUIDANCE: Wis. Stat. § 701.1013 requires disclosure of the revocability or irrevocability and the identity of any person holding a power to revoke.

A. Revocability Status:

☐ The Trust is REVOCABLE. Under Wis. Stat. § 701.0602, a trust is presumed revocable unless the trust instrument expressly provides otherwise.

☐ The Trust is IRREVOCABLE. The trust instrument expressly states the Trust is irrevocable.

☐ The Trust was revocable and has become irrevocable upon:
☐ Death of the Settlor on [__/__/____]
☐ Death of the surviving Settlor on [__/__/____]
☐ Relinquishment of power to revoke on [__/__/____]
☐ Occurrence of a specified event: [________________________________]

// GUIDANCE: Wisconsin follows the UTC presumption that a trust is revocable unless expressly stated otherwise (Wis. Stat. § 701.0602). This is an important distinction from common law states where trusts are presumed irrevocable.

B. Person(s) Holding Power to Revoke:

☐ Not applicable — the Trust is irrevocable.

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

Name: [________________________________]
Relationship: [________________________________]
Scope: ☐ Full power to revoke ☐ Partial power ☐ Power to amend only

Name: [________________________________]
Relationship: [________________________________]
Scope: ☐ Full power to revoke ☐ Partial power ☐ Power to amend only

7. CO-TRUSTEE SIGNATURE AND AUTHENTICATION AUTHORITY

// GUIDANCE: Wis. Stat. § 701.1013 requires disclosure of "the authority of a cotrustee to sign or otherwise authenticate and whether all cotrustees or less than all cotrustees are required to sign or otherwise authenticate in order to exercise powers of the trustee."

☐ Not applicable — the Trust has only one currently acting Trustee.

☐ The Trust has multiple co-Trustees. The signature and authentication authority is as follows:

☐ ALL co-Trustees must sign or authenticate to exercise the powers of the Trustee.
☐ A MAJORITY of co-Trustees may sign or authenticate to exercise powers.
☐ ANY SINGLE co-Trustee may independently sign or authenticate.
☐ Specific provisions: [________________________________]

// GUIDANCE: Under Wis. Stat. § 701.0703, co-trustees who are unable to reach a unanimous decision may act by majority decision. If the trust instrument overrides this default rule, specify the actual requirement.

Deadlock Resolution:

☐ The trust instrument provides a deadlock resolution mechanism: [________________________________]
☐ The trust instrument relies on the default rule under Wis. Stat. § 701.0703.
☐ Not applicable — sole Trustee.

8. MANNER OF TAKING TITLE TO TRUST PROPERTY

// GUIDANCE: Wis. Stat. § 701.1013 specifically requires disclosure of "the manner in which title to trust property may be taken." This is a statutory requirement in Wisconsin.

Title to trust property should be taken in the following manner:

Full Title Designation:

[________________________________], as Trustee of the [________________________________], U/A dated [__/__/____]

// GUIDANCE: Standard Wisconsin formats include:
// "John Q. Smith, Trustee of the Smith Family Trust, U/A dated January 1, 2020"
// "John Q. Smith and Jane A. Smith, Co-Trustees of the Smith Family Trust, dated January 1, 2020"
// For Wisconsin real property, the title designation should be consistent with the requirements of Wis. Stat. Ch. 706 (Conveyances of Real Property).

Property Relevant to Current Transaction (if applicable):

☐ Real property located at: [________________________________]

County: [________________________________] State: Wisconsin

Legal Description: [________________________________]

Tax Parcel Number: [________________________________]

// GUIDANCE: For Wisconsin real property, note that a Real Estate Transfer Return (RETR) may be required under Wis. Stat. § 77.22 for conveyances. Also consider whether a Wisconsin Transfer by Affidavit (Wis. Stat. § 867.045) may be relevant.

☐ Bank or financial account(s) at: [________________________________]

Account Number(s): [________________________________]

☐ Securities or investment account(s) at: [________________________________]

Account Number(s): [________________________________]

☐ Motor vehicle(s) (Title No.): [________________________________]

☐ Other property: [________________________________]

9. TRUST AMENDMENTS AND RESTATEMENTS

☐ The trust instrument has NOT been amended, modified, or restated since its original execution.

☐ The trust instrument has been amended and/or restated as follows:

// GUIDANCE: Under Wis. Stat. § 701.1013, the certification must state that the trust has not been modified in a manner making the representations incorrect. Verify all amendments before completing this section.

10. DISPOSITIVE TERMS EXCLUSION AND EXCERPTS

// GUIDANCE: Wis. Stat. § 701.1013 provides that the certification need not contain the dispositive terms of the trust. However, § 701.1013(5) permits a recipient to request excerpts of certain provisions. The penalty provisions for bad faith demands apply to demands beyond the authorized excerpts.

A. Exclusion of Dispositive Terms:

Pursuant to Wis. Stat. § 701.1013, this Certification does not contain the dispositive terms of the Trust. The Trustee is not required to disclose the provisions of the trust instrument that govern the distribution of the trust estate.

B. Excerpts:

☐ No excerpts from the trust instrument are attached to this Certification.

☐ The following excerpts from the trust instrument are attached, as permitted by Wis. Stat. § 701.1013(5):

☐ Provisions relating to Trustee powers and authority
☐ Provisions relating to co-Trustee signature requirements
☐ Provisions relating to the manner of taking title
☐ Other provisions (specify): [________________________________]

// GUIDANCE: Wis. Stat. § 701.1013(5) provides that a recipient may request excerpts of the trust instrument that relate to the powers of the trustee or the propriety of the transaction. The Trustee should be prepared to provide such excerpts upon reasonable request.

11. MANDATORY REPRESENTATIONS AND CERTIFICATIONS

// GUIDANCE: Wis. Stat. § 701.1013 requires a mandatory statement that the trust has not been revoked, modified, or amended in a manner making the representations incorrect.

The undersigned Trustee, pursuant to Wis. Stat. § 701.1013, hereby represents, certifies, and declares as follows:

A. The Trust identified in this Certification currently exists and is validly established under the laws of the State of Wisconsin.

B. The trust instrument was executed on the date stated in Section 2 of this Certification.

C. The undersigned is a duly appointed, qualified, and currently acting Trustee of the Trust, authorized to sign or otherwise authenticate this Certification pursuant to Wis. Stat. § 701.1013.

D. 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.

E. The identity of the Settlor as stated in Section 3 is true and correct.

F. The identity and address of the currently acting Trustee(s) as stated in Section 4 are true and correct.

G. The powers of the Trustee(s) as stated in Section 5 accurately reflect the powers granted under the trust instrument and applicable Wisconsin law.

H. The revocability status and identity of persons holding a power to revoke, as stated in Section 6, are true and correct.

I. The manner in which title to trust property may be taken, as stated in Section 8, is accurate and authorized under the trust instrument.

J. All information provided in this Certification is true, correct, and complete to the best of the Trustee's knowledge.

12. THIRD-PARTY RELIANCE PROTECTIONS

// GUIDANCE: Wis. Stat. § 701.1013 provides robust protections for third parties who rely on a certification of trust. These protections are important and should be communicated to the recipient.

Pursuant to Wis. Stat. § 701.1013:

A. 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.

B. 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 contained herein were correct.

C. 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.

D. A third party is not required to investigate whether the Trustee is acting in accordance with the terms of the Trust to receive the protections afforded by this section.

13. PENALTIES FOR BAD FAITH DEMANDS

// GUIDANCE: Wisconsin has explicit statutory penalties for third parties who demand the trust instrument in bad faith. Wis. Stat. § 701.1013 provides that a person making such a demand is liable for costs, expenses, reasonable attorney fees, and damages.

Pursuant to Wis. Stat. § 701.1013, any person who demands copies of the trust instrument or excerpts from the trust instrument, other than those excerpts described in Wis. Stat. § 701.1013(5), in addition to this Certification of Trust, is liable for costs, expenses, reasonable attorney fees, and damages if a court determines that the person did not act in good faith in demanding such copies.

// GUIDANCE: This penalty provision is particularly robust in Wisconsin and provides a strong incentive for third parties to accept the certification rather than demanding the full trust instrument. Inform recipients of this provision if they resist accepting the certification.

14. WISCONSIN-SPECIFIC REQUIREMENTS AND NOTES

// GUIDANCE: The following notes highlight provisions unique to Wisconsin law.

A. Wisconsin Trust Code: Wisconsin adopted a comprehensive Trust Code effective July 1, 2014, codified at Wis. Stat. § 701.0101 et seq. This replaced the former trust provisions. All trusts in Wisconsin, regardless of when created, are governed by the Trust Code (with limited exceptions in Wis. Stat. § 701.1106).

B. Any Trustee May Sign: Under Wis. Stat. § 701.1013, a certification of trust "may be signed or otherwise authenticated by any trustee." This is more permissive than states like Missouri (which requires all trustees to sign) and Tennessee (which requires trustees with signatory authority to sign).

C. Marital Property Considerations: Wisconsin is a marital property (community property) state under Wis. Stat. Ch. 766. Trust property may be affected by marital property classifications. Third parties dealing with trust real property should be aware of potential spousal interest issues under the Wisconsin Marital Property Act.

D. Revocability Presumption: Under Wis. Stat. § 701.0602, a trust is presumed revocable unless expressly stated to be irrevocable. This differs from common law states where trusts may be presumed irrevocable.

E. Real Property Conveyances: For Wisconsin real property transactions, conveyances must comply with Wis. Stat. Ch. 706. Authentication (notarization) is required for recording under Wis. Stat. § 706.06. A Real Estate Transfer Return (RETR) may be required under Wis. Stat. § 77.22.

F. Prudent Investor Rule: Wisconsin trustees are subject to the prudent investor rule under Wis. Stat. § 701.0901 et seq. Investment powers referenced in this Certification are subject to this standard.

G. Excerpt Request Rights: Under Wis. Stat. § 701.1013(5), a third party may request excerpts of trust provisions relevant to the transaction. The Trustee should be prepared to provide such excerpts upon reasonable request, separate from the demand penalty provisions.

H. Transfer on Death Instruments: Wisconsin has a transfer on death deed statute (Wis. Stat. § 705.15). If trust property includes or interacts with transfer-on-death designations, coordinate with the certification appropriately.

15. EXECUTION

// GUIDANCE: Under Wis. Stat. § 701.1013, the certification may be signed or otherwise authenticated by ANY trustee. Unlike Missouri, not all trustees are required to sign. A single trustee's signature is sufficient for the certification itself (though the transaction may require different signature authority per the trust terms).

IN WITNESS WHEREOF, the undersigned, being a duly appointed and currently acting Trustee of the Trust identified herein, does hereby execute this Certification of Trust as of the date set forth below, pursuant to Wis. Stat. § 701.1013.

Date of Execution: [__/__/____]

TRUSTEE SIGNATURE(S):

Trustee 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable — not required by statute but may sign):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 3 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

16. NOTARIZATION

// GUIDANCE: Wisconsin does not expressly require notarization of a certification of trust in all cases. However, for real property conveyances, Wis. Stat. § 706.06 requires authentication. Notarization is strongly recommended for all certifications.

STATE OF WISCONSIN

COUNTY OF [________________________________]

Personally came before me this [______] day of [________________], [________], the above-named [________________________________], to me known to be the person(s) who executed the foregoing instrument and acknowledged the same.

Signature of Notary Public: ________________________________________

Printed Name of Notary: [________________________________]

State of Wisconsin

My Commission: ☐ Is permanent ☐ Expires: [__/__/____]

[NOTARY SEAL/STAMP]

// GUIDANCE: Wisconsin notaries may hold permanent commissions. Indicate whether the commission is permanent or has an expiration date.

ATTACHMENTS

☐ No attachments are included with this Certification.

☐ The following attachments are included:

☐ Excerpt(s) from the trust instrument regarding Trustee powers (per § 701.1013(5))
☐ Copy of the Trust's EIN assignment letter
☐ Exhibit A — Legal Description of Real Property
☐ Copy of Trustee identification
☐ Other: [________________________________]

This Certification of Trust is made pursuant to Wisconsin Statutes § 701.1013 and is intended to be relied upon by third parties in connection with transactions involving the Trust. This Certification does not contain the dispositive provisions of the Trust.

PREPARED BY:

Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

State Bar of Wisconsin Number (if applicable): [________________________________]

Return Document To:

Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]