Certification of Trust
(NJ)

Summary

This template certification of trust may be used by a trustee to provide basic information about a New Jersey trust without presenting the entire trust agreement to a third party. It may be used for an irrevocable or revocable trust. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses The certification of trust can provide third parties, such as banks and other financial institutions, with information confirming (1) the trust's existence and the date it was executed, (2) the identity of the grantor, (3) the identity and address of the acting trustee, (4) the powers of the trustee, (5) whether the trust is revocable or irrevocable, (6) the authority of co-trustees to sign and whether all or less than all are required to sign, and (7) the manner of taking title to trust property. N.J. Stat. Ann. § 3B:31-81(a). Additionally, the template may provide information regarding the individuals nominated as successor trustees. By using this template, the trust is able conduct trust business while preserving privacy over the dispositive trust terms. However, the recipient is not precluded from requiring additional proof (either in the form of copies of excerpts from the original trust agreement or later amendments) as to the trustee designation and powers. N.J. Stat. Ann. § 3B:31-81(e). To avoid such demands, include full recitations of these provisions from the original trust agreement. For a full listing of key content on creating an estate plan for an individual with a spouse or partner residing in New Jersey, see Estate Plan for Individual with Spouse or Partner Resource Kit (NJ). For an in-depth discussion of trusts, see Characteristics and Uses of Trusts (NJ).