Wyoming Certification or Affidavit of Trust

CERTIFICATION OR AFFIDAVIT OF TRUST

(Pursuant to Wyoming Statutes § 4-10-1014)

STATE OF WYOMING

COUNTY OF [________________________________]

// GUIDANCE: Wyoming's statute uniquely permits this document to be styled as either
// a "certification" or "affidavit" of trust. Both carry the same legal weight under
// § 4-10-1014. The dual terminology reflects Wyoming's flexible approach. Counsel
// should use whichever form is preferred by the requesting institution.

ARTICLE I — TRUST IDENTIFICATION

The undersigned Trustee(s), pursuant to Wyoming Statutes § 4-10-1014, in lieu of furnishing a copy of the trust instrument to a person other than a beneficiary, hereby certify and affirm 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: Wyo. Stat. § 4-10-1014(a)(i) requires a statement that the trust exists
// and the date the trust instrument was executed.

1.3 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:
The principal place of trust administration is: [________________________________], Wyoming

1.5 Trust Taxpayer Identification Number (if applicable):

// GUIDANCE: Wyo. Stat. § 4-10-1014(a)(vii) lists the trust's taxpayer identification
// number as an element of the certification. The placement of this element in the
// statute suggests it may be optional rather than mandatory, but including it is
// recommended practice.

EIN/TIN: [________________________________]

☐ Taxpayer identification number not yet assigned
☐ Revocable trust using Settlor's SSN during Settlor's lifetime

ARTICLE II — SETTLOR IDENTIFICATION

2.1 Identity of Settlor(s):

// GUIDANCE: Wyo. Stat. § 4-10-1014(a)(ii) requires disclosure of the identity of
// the settlor.

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 Identity and Address of Currently Acting Trustee(s):

// GUIDANCE: Wyo. Stat. § 4-10-1014(a)(iii) requires the identity and address of
// the currently acting trustee.

3.2 Trustee Type:

☐ Individual Trustee
☐ Corporate/Institutional Trustee (Wyoming-chartered or authorized)
☐ Co-Trustees
☐ Other: [________________________________]

3.3 Pertinent Powers of the Trustee:

// GUIDANCE: Wyo. Stat. § 4-10-1014(a)(iv) requires disclosure of the "pertinent
// powers of the trustee." Note the use of the word "pertinent" — this means the
// powers relevant to the pending transaction, not necessarily all trustee powers.
// Default powers are provided in Wyo. Stat. § 4-10-816.

The Trustee(s) possess(es), under the trust instrument and applicable provisions of Wyoming law (including Wyo. Stat. § 4-10-816), the following pertinent 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, including trust property from a fiduciary
☐ Power to manage, develop, improve, exchange, partition, or change the character of trust property
☐ Power to lease trust property for any term
☐ Power to borrow funds and to encumber or hypothecate trust property
☐ Power to grant options with respect to trust property
☐ Power to open, maintain, and close bank, brokerage, 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 claims, actions, or proceedings
☐ Power to exercise options, rights, and privileges
☐ Power to deal with digital assets
☐ Power to engage in mineral, oil, and gas transactions
☐ Power to manage and operate agricultural and ranch lands
☐ Other pertinent powers: [________________________________]

// GUIDANCE: Wyoming's economy includes significant ranching, mineral, and energy
// interests. If the trust holds such assets, include relevant powers for mineral
// leasing, oil and gas operations, water rights, and ranch management.

3.4 Co-Trustee Authority:

// GUIDANCE: Wyo. Stat. § 4-10-1014(a)(vi) 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 arrangement: [________________________________]

3.5 Limitations on Trustee Powers:

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

ARTICLE IV — TRUST PROPERTY PROVISIONS

4.1 Manner of Taking Title to Trust Property:

// GUIDANCE: Wyo. Stat. § 4-10-1014(a)(viii) requires disclosure of the manner of
// taking title to trust property. This is a specific Wyoming requirement.

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

4.2 Trust Property Categories:

The trust holds or is authorized to hold:

☐ Real property located in Wyoming
☐ Real property located outside Wyoming
☐ Bank and financial accounts
☐ Securities and investment accounts
☐ Business interests (LLCs, partnerships, corporations)
☐ Life insurance policies or proceeds
☐ Mineral rights, oil and gas interests, and water rights
☐ Agricultural and ranch lands
☐ Livestock and farming equipment
☐ Personal property (tangible and intangible)
☐ Other: [________________________________]

// GUIDANCE: Wyoming trusts frequently hold mineral rights, oil and gas interests,
// water rights, and ranch/agricultural land. Ensure these are properly identified.

4.3 Real Property Description (if applicable):

// GUIDANCE: For Wyoming real property transactions, the certification or affidavit
// should be recorded with the county clerk. Also consider Wyo. Stat. §§ 34-2-122
// and 34-2-123 regarding recording in representative capacity and curative
// affidavits. Title companies in Wyoming will generally require a recorded
// certification or affidavit of trust.

Property located in: [________________________________] County, Wyoming

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

ARTICLE V — REVOCABILITY STATUS

5.1 Revocability of Trust:

// GUIDANCE: Wyo. Stat. § 4-10-1014(a)(v) requires disclosure of the revocability
// or irrevocability of the trust and the identity of any person holding a power to
// revoke the trust. Under Wyo. Stat. § 4-10-602, unless the terms of a trust
// expressly provide that it is irrevocable, the settlor may revoke or amend.

☐ 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.

☐ The trust is irrevocable and constitutes a Qualified Disposition Trust under Wyo. Stat. § 4-10-510 et seq. (Wyoming Asset Protection 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 Wyo. Stat. § 4-10-1014(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 or affidavit 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 Wyo. Stat. § 4-10-704
☐ Other: [________________________________]

ARTICLE VII — WYOMING STATUTORY DISCLOSURES

7.1 Dispositive Terms Not Disclosed:

Pursuant to Wyo. Stat. § 4-10-1014(d), a certification or affidavit of trust need not contain the dispositive terms of a trust. The dispositive provisions of the trust instrument are NOT set forth in this document.

7.2 Right to Request Excerpts:

Pursuant to Wyo. Stat. § 4-10-1014(e), a recipient of this certification or affidavit 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 Reliance on Certification or Affidavit:

Pursuant to Wyo. Stat. § 4-10-1014(f), a person who acts in reliance upon a certification or affidavit 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 or affidavit.

7.4 Knowledge Not Inferred:

Pursuant to Wyo. Stat. § 4-10-1014(g), 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 the certification or affidavit.

7.5 Damages for Bad-Faith Demand:

Pursuant to Wyo. Stat. § 4-10-1014(h), a person making a demand for the trust instrument in addition to a certification or affidavit 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.

7.6 Judicial Proceedings:

Pursuant to Wyo. Stat. § 4-10-1014(j), 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.

7.7 Wyoming Asset Protection Trust Disclosure (if applicable):

// GUIDANCE: Wyoming enacted its own qualified dispositions in trust statute at
// Wyo. Stat. § 4-10-510 et seq. If the trust is a Wyoming asset protection trust,
// consider whether a qualified transfer affidavit under § 4-10-523 is also needed.

☐ This trust is a Qualified Disposition Trust under Wyo. Stat. § 4-10-510 et seq.
A Qualified Transfer Affidavit has been executed under Wyo. Stat. § 4-10-523.

☐ Not applicable.

ARTICLE VIII — ADDITIONAL CERTIFICATIONS

The undersigned Trustee(s) further certify and affirm:

8.1. All facts stated in this certification or affidavit 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 under the terms of the trust instrument.

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

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 or affidavit and to act in the pending transaction on behalf of the trust.

8.6. The undersigned has/have not received notice of any legal action or proceeding challenging the trust or the Trustee's authority.

ARTICLE IX — EXECUTION AND AUTHENTICATION

// GUIDANCE: Wyo. Stat. § 4-10-1014(b) provides that a certification or affidavit
// of trust shall be signed or otherwise authenticated by any trustee. While notarization
// is not expressly mandated by the statute, it is strongly recommended and is
// practically required for real property transactions. Title companies and financial
// institutions in Wyoming will generally require notarized execution. For real property,
// see also Wyo. Stat. §§ 34-2-122 and 34-2-123 regarding recording requirements.

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

TRUSTEE SIGNATURE(S):

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

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

NOTARIZATION

STATE OF WYOMING
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 SEAL]

WYOMING STATE-SPECIFIC NOTES

1. Dual Terminology: Wyoming uniquely styles its statute "Certification or Affidavit of Trust" (Wyo. Stat. § 4-10-1014), allowing the document to be prepared in either form. Both carry identical legal weight and protections.

2. No State Income Tax: Wyoming does not impose state income tax on trust income, making it an attractive jurisdiction for trust situs. This can be a factor when selecting Wyoming as the trust's principal place of administration.

3. Pertinent Powers: Wyoming's statute uses the term "pertinent powers" (§ 4-10-1014(a)(iv)), meaning only the powers relevant to the pending transaction need be disclosed. This provides additional privacy regarding the full scope of trustee authority.

4. Manner of Taking Title: Wyoming specifically requires disclosure of the "manner of taking title to trust property" (§ 4-10-1014(a)(viii)). This is a practical requirement that facilitates proper titling in real property and financial transactions.

5. Asset Protection Trusts: Wyoming has its own asset protection trust statute (Wyo. Stat. § 4-10-510 et seq.), which may require a separate qualified transfer affidavit under § 4-10-523. If the trust is an asset protection trust, the certification or affidavit should note this.

6. Real Property Recording: For real property transactions, record this document with the county clerk. Wyoming uses a county-based recording system. Also review Wyo. Stat. §§ 34-2-122 and 34-2-123, which address recording in representative capacity and provide for curative affidavits where the grantee's representative capacity was not properly described.

7. Mineral and Energy Interests: Wyoming trusts frequently hold mineral rights, oil and gas interests, and water rights. Ensure the certification addresses these property types if applicable, and include trustee powers related to mineral leasing and energy development.

8. Ranch and Agricultural Lands: Wyoming is a major agricultural state. Trusts holding ranch land, grazing permits, or agricultural operations should ensure the certification includes relevant powers for these assets.

9. Bad-Faith Demand Liability: Wyoming imposes liability on persons who demand the full trust instrument in bad faith (§ 4-10-1014(h)). This provides strong privacy protection for trust terms.

10. Court Limitation of Authority: Under Wyo. Stat. § 4-10-522, a court may limit or terminate the authority of a trustee if it decides not to apply Wyoming law. If such a proceeding has occurred, it should be noted in the certification.

This Certification or Affidavit of Trust is prepared in accordance with Wyoming Statutes § 4-10-1014. It does not contain the dispositive provisions of the trust instrument. This document is not a substitute for legal advice.