Maine § 18-B §1013 Certification of trust

Maine Statutes

§ 18-B §1013 — Certification of trust

Maine·Title 18-B TRUSTS·Part 1 MAINE UNIFORM TRUST CODE·Ch. 10 LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

1.Information. Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing some or all of the following information:

2.Authentication. A certification of trust may be signed or otherwise authenticated by any trustee.

3.Representations correct. A certification of trust must state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

4.Dispositive terms. A certification of trust need not contain the dispositive terms of a trust.

5.Excerpts from trust instrument. A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the origi

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1.
Information.
Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing some or all of the following information:
2.
Authentication.
A certification of trust may be signed or otherwise authenticated by any trustee.
3.
Representations correct.
A certification of trust must state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
4.
Dispositive terms.
A certification of trust need not contain the dispositive terms of a trust.
5.
Excerpts from trust instrument.
A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.
6.
Not liable for reliance on incorrect representations; knowledge.
A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
7.
Enforce transactions.
A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
8.
Demand not in good faith; damages.
A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
9.
Copy in judicial proceeding.
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.