Certification of Trust
(GA)

Summary

This is a certification of trust template for a revocable or irrevocable Georgia trust. The Certification of Trust is authorized under Ga. Code Ann. § 53-12-280 and enables the trustee to conduct trust business without presenting the entire trust agreement to a third party. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. The Certification of Trust provides basic information about the trust while preserving privacy over its dispositive trust terms. However, Ga. Code Ann. § 53-12-280 does not limit the right of a recipient of the Certification of Trust to require copies of excerpts from the original trust agreement or later amendments that designate the trustee or the powers of the trustee. To avoid demands for excerpts from the original trust agreement, the Certification of Trust should include full recitations of these provisions from the original agreement.The Certification of Trust can provide third parties such as banks and other financial institutions with the following information: that the trust exists, the date it was executed, the identity of the settlor, the identity and address of the acting trustee, the powers of the trustee, whether it is revocable or irrevocable, the authority of co-trustees to sign, whether all or fewer than all are required to sign, and the manner of taking title to trust property. Additionally, the form may provide information regarding the individuals nominated as successor trustees. The Certification of Trust is also known as a Certificate of Trust, Declaration of Trust, Trust Certification, and Memorandum of Trust. For a full listing of key content on creating an estate plan for an individual with a spouse or partner residing in Georgia, see Estate Plan for Individual with Spouse or Partner Resource Kit (GA). For an in-depth discussion of trusts, see Characteristics and Uses of Trusts (GA); Requirements and Restrictions on Trust Purposes and Administration (GA); and Revocation, Amendment, and Termination of Trusts (GA).