§ 4-10-1014 — Certification or affidavit of trust

Wyoming § 4-10-1014

• Jurisdiction: Wyoming
• Title 04: Fiduciaries
• Ch. 10: UNIFORM TRUST CODE
• Art. 10: LIABILITY OF FIDUCIARIES AND RIGHTS OF PERSONS

Text

(a) 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 or affidavit of trust containing the
following information:
(i) That the trust exists and the date the trust
instrument was executed;
(ii) The identity of the settlor;
(iii) The identity and address of the currently
acting trustee;
(iv) The pertinent powers of the trustee;
(v) The revocability or irrevocability of the trust
and the identity of any person holding a power to revoke the
trust;
(vi) The authority of cotrustees to sign or otherwise
authenticate and whether all or less than all are required in
order to exercise powers of the trustee;
(vii) The trust's taxpayer identification number
(optional); and
(viii) The manner of taking title to trust property.
(b) A certification or affidavit of trust shall be signed
or otherwise authenticated by any trustee.
(c) A certification or affidavit of trust shall 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the trust has not been revoked, modified or amended in any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.
(d) A certification or affidavit of trust need not contain
the dispositive terms of a trust or the trust's taxpayer
identification number.
(e) A recipient of a certification or affidavit of trust
may require the trustee to furnish copies of those excerpts from
the original trust instrument and later amendments which
designate the trustee and confer upon the trustee the power to
act in the pending transaction.
(f) A person who acts in reliance upon a certification or
affidavit 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 or affidavit. 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 or affidavit.
(g) A person who in good faith enters into a transaction
in reliance upon a certification or affidavit of trust may
enforce the transaction against the trust property as if the
representations contained in the certification or affidavit were
correct.
(h) A person making a demand for the trust instrument in
addition to a certification or affidavit 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.
(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.