Certification of Trust
(VA)

Summary

This template is a certification of trust for a revocable or irrevocable Virginia trust. The certification of trust is authorized under Va. Code Ann. § 64.2-804 and provides trustees with the ability to conduct trust business without presenting the entire trust 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, Va. Code Ann. § 64.2-804 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. However, a person making a demand for the entire trust instrument is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument. Va. Code Ann. § 64.2-804(H). To avoid demands for excerpts from the original trust agreement, the certification of trust should include full recitations of the Article concerning the powers of the trustee and any other relevant 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 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 document may provide information regarding the individuals nominated as successor trustees. For revocable trusts that can be used in Virginia, see Revocable Trust for Single Individual (Basic) (VA) and Revocable Trust for Individual with Spouse or Partner (Basic) (VA). For a full listing of key content on creating an estate plan for an individual with a spouse or partner residing in Virginia, see Estate Plan for Individual with Spouse or Partner Resource Kit (VA).