51. Trusts: conveyances to trustees

(May 1, 2000, revised February 27, 2009)

Deeds, mortgages and other instruments that convey title to a trustee or trustees may be accepted for registration only when accompanied by the trust instrument or a certificate pursuant to G.L. c. 184 §35, except:

1. if the trust instrument or certificate is recorded or filed for registration in another registry district or registration district in the Commonwealth, an attested copy of the trust instrument or certificate may be presented as an alternative to the original trust instrument, together with a certificate by an attorney, or given under oath by the trustee, certifying that the instrument or certificate of which the attested copy is provided is current, in force, and not the subject of any recorded amendment; or
2. if the trust instrument or certificate is recorded or filed for registration in the same registry district, the filed document (or the recorded land record of it) may be shown as an alternative to the original trust instrument.

The instrument of conveyance must have as grantees, mortgagees or other benefitted parties one or more trustees who are shown of record by the trust instrument or certificate to be trustees of the trust. If necessary, this showing may be made:

1. by appropriate filed or recorded appointments and/or resignations of trustees,
2. by filed or recorded amendments to the trust instruments, or
3. by a certificate given by a trustee of record, provided the trust instrument allows reliance on such a certificate and the requirements for reliance set out in the trust instrument have been met, or the certificate is executed in conformance with the provisions of G.L. c. 184 §35.

The provisions of this guideline do not apply to any trust operating under a written instrument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares.