Section 1013
(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 of trust containing the following information:
- (1) 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 and the identity of any person holding a power to revoke 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 may be signed or otherwise authenticated by any trustee.
(c)
A certification of trust shall state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.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 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 in the certification are incorrect shall not be 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, shall be liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
(i)
This section shall not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
Procedural advisory commentary (2013)
Practice note
Section 1013 authorizes a trustee to furnish a certification of trust in lieu of providing a copy of the trust instrument to a person other than a beneficiary. A certification of trust is NOT sufficient when filing a trust petition with the court. A copy of the trust instrument, and any amendments, must be filed.
Additional legislative changes
Amendment to Section 3 of Chapter 203A of the General Laws (Common Trust Fund Accounts)
Section 3 of G. L. c. 203A has been amended to provide that the allowance of an account of a common trust fund brought in the Probate and Family Court may be initiated by filing a petition and giving notice as provided by § 1-401 of the MUPC. The amendment also provides that § 1-403 and § 1-404 of the MUPC shall apply to proceedings for the allowance of accounts of common trust funds.
Practice alert
The procedure for the allowance of an account of a common trust fund is now governed by G. L. c. 203A, § 3, in addition to Rule 72 of the Supplemental Rules of the Probate and Family Court. Notice shall be by citation. Sections 1-403 (virtual representation) and 1-404 (appointment of GAL) of the MUPC shall apply to proceedings for the allowance of a common trust fund account filed in the Probate and Family Court.
Form update
The allowance of a trust account may be initiated by filing both a Trust Account (MPC 859), with the appropriate filing fee for the Account based on Schedule A, and a Petition for Allowance of Account (MPC 857). A Petition for the Allowance of an Account (MPC 857) may be used for both an interim and final account. The fee for a Petition for Allowance of Account (MPC 857) is an additional $75.00. Unless assented to, an additional $15.00 citation fee shall also be required.