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(a) As an alternative to providing a copy of the trust instrument to a person other than a beneficiary, the trustee may provide to the person a certification of trust containing the following information:
(1) a statement that the trust exists and the date the trust instrument was executed;
(2) the identity of the settlor;
(3) the identity and mailing address of the currently acting trustee;
(4) one or more powers of the trustee or a statement that the trust powers include at least all the powers granted a trustee by Subchapter A, Chapter 113;
(5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;
(6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all of the cotrustees are required in order to exercise powers of the trustee; and
(7) the manner in which title to trust property should be taken.
(b) A certification of trust may be signed or otherwise authenticated by any trustee.
(c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification to be incorrect.
(d) A certification of trust:
(1) is not required to contain the dispositive terms of a trust; and
(2) may contain information in addition to the information required by Subsection (a).
(e) A recipient of a certification of trust may require the trustee to furnish copies of the excerpts from the original trust instrument and later amendments to the trust instrument that designate the trustee and confer on the trustee the power to act in the pending transaction.
(f) A person who acts in reliance on a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for the action and may assume without inquiry the existence of the facts contained in the certification.
(g) If a person has actual knowledge that the trustee is acting outside the scope of the trust, and the actual knowledge was acquired by the person before the person entered into the transaction with the trustee or made a binding commitment to enter into the transaction, the transaction is not enforceable against the trust.
(h) A person who in good faith enters into a transaction relying on a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification are correct. This section does not create an implication that a person is liable for acting in reliance on a certification of trust that fails to contain all the information required by Subsection (a). A person's failure to demand a certification of trust does not:
(1) affect the protection provided to the person by Section 114.081; or
(2) create an inference as to whether the person has acted in good faith.
(i) A person making a demand for the trust instrument in addition to a certification of trust or excerpts as described by Subsection (e) is liable for damages if the court determines that the person did not act in good faith in making the demand.
(j) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
(k) This section does not limit the rights of a beneficiary of the trust against the trustee.
Cite this article: FindLaw.com - Texas Property Code - PROP § 114.086. Certification of Trust - last updated April 14, 2021 | https://codes.findlaw.com/tx/property-code/prop-sect-114-086/
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