SB1877 99TH GENERAL ASSEMBLY

LRB099 10969 HEP 31324 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1877

Introduced 2/20/2015, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

760 ILCS 5/8.5 new

Amends the Trusts and Trustees Act. Provides that instead of furnishing a copy of the trust instrument to a person other than the beneficiary, the trustee may furnish to the person a certification of trust containing specified information. Provides that a certification of trust may be signed or otherwise authenticated by any trustee and need not contain the dispositive terms of the trust. Includes other provisions governing the form and content of the certification of trust. Contains provisions concerning persons who act in reliance upon a certification of trust. Provides that the new provisions do not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Trusts and Trustees Act is amended by adding Section 8.5 as follows:

(760 ILCS 5/8.5 new)

Sec. 8.5. Certification of trust.

(a) Instead of furnishing a copy of the trust instrument to a person other than the beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

(1) a statement that the trust exists and the date the trust instrument was executed;

(2) the identity of the settlor;

(3) the identity and address of the currently acting trustee;

(4) the powers of the trustee;

(5) the revocability or irrevocability of the trust, whether the trust is amendable or unamendable, and the identity of any person holding a power to revoke or amend the trust;

(6) the authority of co-trustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee;

(7) the trust's taxpayer identification number; and

(8) the manner of taking title to trust property.

(b) A certification of trust may be signed or otherwise authenticated by any trustee.

(c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

(d) A certification of trust need not contain the dispositive terms of a trust.

(e) A recipient of a 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.

(f) A person who acts 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. 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.

(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

(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. A person required to examine a complete copy of the trust instrument for purposes of complying with applicable federal, state, or local law, and a person acting in a fiduciary capacity with respect to a trust, are deemed to be acting in good faith when demanding a copy of the trust instrument.

(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.

(j) A certification of trust may be substantially as follows, provided that nothing in this subsection (j) shall invalidate or bar the use of a certification of trust in any other or different form:

CERTIFICATION OF TRUST Name of trust:............................................... Date trust instrument was executed:.......................... Tax Identification Number of trust (SSN or EIN):............. Name(s) of settlor(s) of trust:.............................. Name(s) of currently acting trustee(s):...................... Address(es) of currently acting trustee(s):.................. .... This trust states that .... of .... co-trustee(s) are required to exercise the powers of the trustee.

.... The co-trustees authorized to sign or otherwise authenticate on behalf of the trust are:..................... .... There are no co-trustees authorized to sign or otherwise authenticate on behalf of the trust. Name(s) of successor trustee(s):............................. The trustee(s) has (have) the power to (state, synopsize, or describe relevant powers):................................... The proper manner for taking title to trust property is:..... ............................................................. .... This is an irrevocable trust.

.... This is a revocable trust. Name(s) of person(s) holding power to revoke the trust:................................... .... This is an unamendable trust.

.... This trust is amendable. Name(s) of person(s) holding power to amend the trust:....................................

I (we) certify that the above named trust is in full force and has not been revoked, modified, or amended in any manner which would cause the representations in this Certification of Trust to be incorrect.

I (we) certify that, to my (our) knowledge, there is no claim, challenge of any kind, or cause of action alleged that contests or questions the validity of the above-named trust or the trustee(s)'s authority to act for the trust.

IN WITNESS THEREOF, the undersigned, being a trustee of the above-named trust with the authority to execute this Certification of Trust, do hereby execute it this ..... day of .........., .......

Trustee Signature: ............. Printed Name: ..................

Trustee Signature: ............. Printed Name: ..................

This instrument was signed and acknowledged before me on .........., ...... (date) by (name/s of person/s):.........

(Signature of Notary Public): ............................ (SEAL)

Section 99. Effective date. This Act takes effect upon becoming law.