Public Act 099-0337

SB1877 Enrolled LRB099 10969 HEP 31324 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Trusts and Trustees Act is amended by adding

Section 8.5 as follows:

(760 ILCS 5/8.5 new)

Sec. 8.5. Certification of trust.

(a) Instead of furnishing a copy of the trust instrument to

a person other than the beneficiary, the trustee may furnish 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 address of the currently acting

trustee;

(4) the powers of the trustee;

(5) the revocability or irrevocability of the trust,

whether the trust is amendable or unamendable, and the

identity of any person holding a power to revoke or amend

the trust;

(6) the authority of co-trustees to sign or otherwise

authenticate and whether all or less than all are required

in order to exercise powers of the trustee;

(7) the trust's taxpayer identification number; and

(8) the manner of taking title to trust property.

(b) A certification of trust must be signed or otherwise

authenticated by one or more of the trustees. A third party may

require that the certification of trust be acknowledged.

(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not been revoked, modified, or amended in any manner that would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 of

trust to be incorrect.

(d) A certification of trust need not contain the

dispositive terms of a trust.

(e) 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 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 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.

(g) 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.

(h) 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. A person required

to examine a complete copy of the trust instrument for purposes

of complying with applicable federal, state, or local law, a

person acting in a fiduciary capacity with respect to a trust,

and the Attorney General's Charitable Trust Bureau are deemed

to be acting in good faith when demanding a copy of the trust

instrument. This Section does not modify or limit any

obligation a trustee may have to furnish a copy of a trust

instrument to the Attorney General under the Charitable Trust

Act or the Solicitation for Charity Act.

(i) 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.

(j) A certification of trust may be substantially as

follows, provided that nothing in this subsection (j) shall

invalidate or bar the use of a certification of trust in any

other or different form:

CERTIFICATION OF TRUST

Name of trust:...............................................

Date trust instrument was executed:..........................

Tax Identification Number of trust (SSN or EIN):.............

Name(s) of settlor(s) of trust:..............................

Name(s) of currently acting trustee(s):......................

Address(es) of currently acting trustee(s):..................

.... This trust states that .... of .... co-trustee(s) are

required to exercise the powers of the trustee.

.... The co-trustees authorized to sign or otherwise

authenticate on behalf of the trust are:.....................

.... There are no co-trustees authorized to sign or otherwise

authenticate on behalf of the trust.

Name(s) of successor trustee(s):.............................

The trustee(s) has (have) the power to (state, synopsize, or

describe relevant powers):...................................

Title to the trust property shall be taken as follows (for

example, "John Doe and Jane Doe, co-trustees of the Doe Family

Living Trust, dated January 4, 1999"):.......................

.............................................................

.... This is an irrevocable trust.

.... This is a revocable trust. Name(s) of person(s) holding

power to revoke the trust:...................................

.... This is an unamendable trust.

.... This trust is amendable. Name(s) of person(s) holding

power to amend the trust:....................................

I (we) certify that the above named trust is in full force and

has not been revoked, modified, or amended in any manner which

would cause the representations in this Certification of Trust

to be incorrect.

IN WITNESS THEREOF, each of the undersigned, being a trustee of

the above-named trust with the authority to execute this

Certification of Trust, does hereby execute it this ..... day

of .........., .......

Trustee Signature: .............

Printed Name: ..................

Trustee Signature: .............

Printed Name: ..................

[OPTIONAL:

This instrument was signed and acknowledged before me on

.........., ...... (date) by (name/s of person/s):.........

(Signature of Notary Public):

............................

(SEAL)]

Section 99. Effective date. This Act takes effect upon

becoming law.