Certification of Trust
(IL)

Summary

This template is a certification of trust which can be used in Illinois to take ownership of property. The certification of trust is authorized under 760 ILCS 3/1013 and enables the trustee to conduct trust business without presenting the entire trust agreement to a third party. This template contains practical guidance, drafting notes, and optional clauses. The certification of trust provides basic information about the trust while preserving privacy over its dispositive trust terms. However, 760 ILCS 3/1013(e) 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. Some financial institutions require a certificate be dated within the last six months. Consider giving the client a second, undated certificate of trust for use later if needed. A certification of trust, signed by the Trustee and notarized, is required by most financial institutions to ensure that the trust exists and that the Trustee has the ability to take ownership of the property in question. For a full listing of key content on creating an estate plan for an individual with a spouse or partner residing in Illinois, see Estate Plan for Individual with Spouse or Partner Resource Kit (IL). For additional information on trusts, see Characteristics and Uses of Trusts (IL) and Requirements and Restrictions on Trust Purposes and Administration (IL).