Certification of Trust
(MD)

Summary

This template is a Certification of Trust for a revocable or irrevocable Maryland trust. The Certification of Trust is authorized under Md. Code Ann., Est. & Trusts § 14.5-910 and provides trustees with the ability to conduct trust business without presenting the entire agreement to a third party. This template includes practical guidance, drafting notes, and alternate and optional clauses. The Certification of Trust provides basic information about the trust while preserving privacy over its dispositive trust terms. However, Md. Code Ann., Est. & Trusts § 14.5-910(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. The Certification of Trust also does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. The Certification of Trust can provide third parties such as banks and other financial institutions with the following information: that the trust exists and the date it was executed, the identity of the settlor, the identity and address of the currently acting trustee, the powers of the trustee in the pending transaction, whether the trust is revocable or irrevocable, the identity of a person holding a power to revoke the trust, the authority of co-trustees to sign, whether all or fewer than all are required to sign, the taxpayer identification number of the trust, unless the taxpayer identification number is also the Social Security number of a settlor, and the manner and name in which title to trust property may be taken. Md. Code Ann., Est. & Trusts § 14.5-910(a). Additionally, the form may provide information regarding the individuals nominated as successor trustees. For revocable trusts that may be used in Maryland, see Revocable Trust for Single Individual (Basic) (MD) and Revocable Trust for Individual with Spouse or Partner (Basic) (MD). For an amendment to a revocable trust, see Amendment to Revocable Trust Agreement (MD).