West Virginia Certification of Trust

CERTIFICATION OF TRUST

(Pursuant to West Virginia Code § 44D-10-1013)

STATE OF WEST VIRGINIA

COUNTY OF [________________________________]

// GUIDANCE: West Virginia adopted the Uniform Trust Code as Chapter 44D. The
// certification of trust statute has West Virginia-specific variations from the
// UTC model, including the requirement to include the trust's taxpayer
// identification number. Additionally, practitioners should be aware of the
// separate memorandum of trust provisions at W. Va. Code § 36-1-4a for real
// property transactions.

ARTICLE I — TRUST IDENTIFICATION

The undersigned Trustee(s), pursuant to West Virginia Code § 44D-10-1013, in lieu of furnishing a copy of the trust instrument, hereby certify the following:

1.1 Trust Existence:
A trust exists under the name: [________________________________]

1.2 Date of Trust Execution:
The trust instrument was executed on: [__/__/____]

// GUIDANCE: W. Va. Code § 44D-10-1013(a)(1) requires a statement that the trust
// exists and the date the trust instrument was executed.

1.3 Trust Amendments or Restatements:
☐ The trust instrument has not been amended or restated.
☐ The trust instrument was amended on the following date(s): [________________________________]
☐ The trust instrument was restated on: [__/__/____]

1.4 Trust Situs:
The trust is administered in: [________________________________] County, West Virginia

1.5 Trust Taxpayer Identification Number:

// GUIDANCE: W. Va. Code § 44D-10-1013(a)(7) specifically requires the trust's
// taxpayer identification number. This is a notable West Virginia-specific
// requirement not found in all states' versions of the Uniform Trust Code.

EIN/TIN: [________________________________]

ARTICLE II — GRANTOR IDENTIFICATION

// GUIDANCE: West Virginia uses the term "grantor" in its certification of trust
// statute (§ 44D-10-1013(a)(2)), rather than "settlor" or "trustor." Ensure
// consistency with this terminology.

2.1 Identity of Grantor(s):

2.2 Grantor Status:

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

ARTICLE III — TRUSTEE IDENTIFICATION AND POWERS

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

// GUIDANCE: W. Va. Code § 44D-10-1013(a)(3) requires disclosure of the identity
// and address of the currently acting trustee.

3.2 Trustee Type:

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

3.3 Powers of the Trustee:

// GUIDANCE: W. Va. Code § 44D-10-1013(a)(4) requires disclosure of the powers
// of the trustee. Include the specific powers relevant to the pending transaction.
// The trustee's default powers are set forth in W. Va. Code § 44D-8-816.

The Trustee(s) possess(es), under the trust instrument and applicable provisions of West Virginia law (including W. Va. Code § 44D-8-816), the following powers:

☐ Power to collect, hold, and retain trust property
☐ Power to sell, convey, exchange, or otherwise dispose of real property
☐ Power to sell, convey, exchange, or otherwise dispose of personal property
☐ Power to acquire real or personal property
☐ Power to manage, develop, improve, exchange, partition, or change the character of trust property
☐ Power to lease trust property
☐ Power to borrow funds and to encumber or hypothecate trust property
☐ Power to open, maintain, and close bank and financial accounts
☐ Power to invest and reinvest trust property
☐ Power to make distributions to or for the benefit of beneficiaries
☐ Power to enter into contracts and execute instruments
☐ Power to employ agents, attorneys, accountants, and other professionals
☐ Power to prosecute or defend actions, claims, or proceedings
☐ Power to exercise options, rights, and privileges
☐ Power to deal with digital assets
☐ Other powers: [________________________________]

3.4 Co-Trustee Authority:

// GUIDANCE: W. Va. Code § 44D-10-1013(a)(6) requires disclosure of the authority
// of co-trustees to sign or otherwise authenticate and whether all or less than
// all are required to exercise powers of the trustee.

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

3.5 Limitations on Trustee Powers:

☐ There are no limitations on the Trustee's powers beyond those imposed by law
☐ The following limitations apply: [________________________________]
☐ Court-imposed limitations: [________________________________]

ARTICLE IV — TRUST PROPERTY PROVISIONS

4.1 Trust Property:

The trust holds or is authorized to hold:

☐ Real property located in West Virginia
☐ Real property located outside West Virginia
☐ Bank and financial accounts
☐ Securities and investment accounts
☐ Business interests (LLCs, partnerships, corporations)
☐ Life insurance policies or proceeds
☐ Retirement account proceeds
☐ Personal property (tangible and intangible)
☐ Other: [________________________________]

4.2 Manner of Holding Title:

Title to trust property is held in the following manner:
[________________________________], as Trustee(s) of the [________________________________] Trust, dated [__/__/____]

4.3 Real Property Description (if applicable):

// GUIDANCE: For real property in West Virginia, consider whether a memorandum of
// trust under W. Va. Code § 36-1-4a should be recorded in addition to or instead
// of this certification. The memorandum of trust is a separate instrument that may
// be recorded with the county clerk. Per § 44D-10-1013(j), nothing in the
// certification statute expands, limits, or otherwise affects the memorandum of
// trust provisions.

Property located in: [________________________________] County, West Virginia

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

ARTICLE V — REVOCABILITY STATUS

5.1 Revocability of Trust:

// GUIDANCE: W. Va. Code § 44D-10-1013(a)(5) requires disclosure of the
// revocability or irrevocability of the trust and the identity of any person
// holding a power to revoke the trust. Under W. Va. Code § 44D-6-602, unless
// the terms of a trust expressly provide that it is irrevocable, the settlor
// may revoke or amend the trust.

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

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

5.2 Amendment Authority:

☐ The trust may be amended by: [________________________________]
☐ The trust may not be amended
☐ The trust may be amended only with the consent of: [________________________________]

5.3 Current Status:

Pursuant to W. Va. Code § 44D-10-1013(c), the undersigned hereby certify that 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.

ARTICLE VI — SUCCESSOR TRUSTEE INFORMATION

6.1 Designated Successor Trustee(s):

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

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

6.2 Manner of Succession:

☐ Named in the trust instrument
☐ Appointed by designated party: [________________________________]
☐ Court appointment required under W. Va. Code § 44D-7-704
☐ Other: [________________________________]

ARTICLE VII — WEST VIRGINIA STATUTORY DISCLOSURES

7.1 Dispositive Terms Not Disclosed:

Pursuant to W. Va. Code § 44D-10-1013(d), a certification of trust need not contain the dispositive terms of a trust. The dispositive provisions of the trust instrument are NOT set forth in this Certification.

7.2 Right to Request Excerpts:

Pursuant to W. Va. Code § 44D-10-1013(e), a recipient of this Certification of Trust may require the Trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the Trustee and confer upon the Trustee the power to act in the pending transaction.

7.3 Good Faith Reliance:

Pursuant to W. Va. Code § 44D-10-1013(g), a person who in good faith enters into a transaction in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification.

// GUIDANCE: Note that West Virginia uses a "good faith" standard for third-party
// reliance, which is consistent with the Uniform Trust Code model.

7.4 Damages for Bad-Faith Demand:

Pursuant to W. Va. Code § 44D-10-1013(h), a person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.

7.5 Judicial Proceedings:

Pursuant to W. Va. Code § 44D-10-1013(i), this section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.

7.6 Knowledge Not Inferred:

Knowledge of the terms of the trust instrument 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 the certification.

7.7 Memorandum of Trust:

Pursuant to W. Va. Code § 44D-10-1013(j), nothing in this Certification expands, limits, or otherwise affects the provisions contained in W. Va. Code § 36-1-4a pertaining to memoranda of trust. If the pending transaction involves real property, a separate memorandum of trust may be required or advisable for recording purposes.

ARTICLE VIII — ADDITIONAL CERTIFICATIONS

The undersigned Trustee(s) further certify:

8.1. All facts stated in this Certification of Trust are true and correct to the best of the undersigned's knowledge and belief.

8.2. The Trustee(s) identified herein is/are duly appointed and currently serving in such capacity.

8.3. The trust is in full force and effect as of the date of this Certification.

8.4. ☐ The trust is supervised by a court. Court: [________________________________]
☐ The trust is NOT supervised by any court.

8.5. The undersigned Trustee(s) have the authority to execute this Certification and to act in the pending transaction on behalf of the trust.

ARTICLE IX — EXECUTION AND AUTHENTICATION

// GUIDANCE: W. Va. Code § 44D-10-1013(b) provides that a certification of trust
// may be signed or otherwise authenticated by any trustee. While the statute does
// not expressly mandate notarization, it is strongly recommended and is practically
// required for real property transactions to ensure recordability with the county
// clerk. West Virginia notarial law requires compliance with W. Va. Code Chapter 29C
// (Uniform Notary Act).

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust on this [____] day of [________________________________], 20[____].

TRUSTEE SIGNATURE(S):

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

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

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

NOTARIZATION

STATE OF WEST VIRGINIA
COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], 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 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.

Signature of Notary: ___________________________________________
Printed Name of Notary: [________________________________]
My Commission Expires: [__/__/____]
County of Commission: [________________________________]
Notary Registration Number: [________________________________]

[NOTARY SEAL]

WEST VIRGINIA STATE-SPECIFIC NOTES

1. Uniform Trust Code Adoption: West Virginia adopted the Uniform Trust Code as Chapter 44D of the West Virginia Code. The certification of trust provisions closely follow the UTC model with some West Virginia-specific modifications.

2. Taxpayer Identification Number Required: W. Va. Code § 44D-10-1013(a)(7) requires the trust's taxpayer identification number to be included in the certification. This is a notable West Virginia-specific requirement not present in all UTC-adopting states.

3. Grantor Terminology: West Virginia uses the term "grantor" in its certification statute rather than "settlor." Practitioners should use consistent terminology.

4. Memorandum of Trust (§ 36-1-4a): West Virginia has a separate memorandum of trust statute at W. Va. Code § 36-1-4a specifically for recording purposes with respect to real property. The certification of trust statute expressly states it does not affect these provisions. For real property transactions, counsel should consider whether both instruments are needed.

5. Good Faith Standard: Third-party reliance protection under West Virginia law applies to persons acting in "good faith" — the statute uses this term specifically in § 44D-10-1013(g).

6. Authentication vs. Notarization: The statute requires only that the certification be "signed or otherwise authenticated by any trustee." While notarization is not expressly mandated by the certification statute itself, it is strongly recommended and is practically required for recording and for most institutional transactions.

7. County-Based Recording: West Virginia uses a county-based recording system. Real property documents are recorded with the county clerk of the county where the property is situated.

8. No Expansion of Memorandum of Trust: Per § 44D-10-1013(j), the certification of trust does not expand, limit, or otherwise affect the memorandum of trust provisions. This means both instruments serve independent purposes.

This Certification of Trust is prepared in accordance with West Virginia Code § 44D-10-1013. It does not contain the dispositive provisions of the trust instrument. This document is not a substitute for legal advice.