53. Trusts: trustee’s deed for nominal consideration

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

A trustee’s deed containing a recitation of nominal consideration may be accepted for registration without prior Land Court approval when accompanied by a trustee’s certificate, if authorized by the trust, or a certificate pursuant to G.L. c. 184 §35, signed by at least one of the trustees, certifying that all the beneficiaries who are natural persons are of full age and are competent and that all of the beneficiaries have assented to the conveyance for nominal consideration (See the attached sample certificate.)

The requirements of this guideline address only the issue of a deed reciting nominal consideration; the requirements of other guidelines relating generally to instruments executed by trustees also must be satisfied.

I, [name of trustee], Trustee of [name of trust] under a Declaration of Trust dated [date] and registered as Document No. [document number] hereby certify that:

1. Said Trust is in full force and effect.
2. All the beneficiaries of said Trust who are natural persons, if any, are of full age.
3. All the beneficiaries of said Trust who are natural persons, if any, are competent.
4. All the beneficiaries of said Trust have consented to the transfer of the property to [names of grantee(s)] for nominal consideration.

Signed under the penalties of perjury.

Signed: [Trustee’s signature] 
Dated: [Month] [Day], [Year]

[Add Oath]