Legal Definitions - certification of trust

Definition: Certification of trust is a shortened version of a trust document that omits certain details, such as the names of beneficiaries, to keep them confidential. It is commonly used to prove the existence of a trust to financial institutions or other organizations without revealing sensitive information. This abbreviated version of the trust is widely accepted as long as it meets certain requirements. It is also known as a certificate of trust, memorandum of trust, or abstract of trust.

Example 1: John creates a trust to protect his assets and provide for his children after his death. He wants to keep the details of the trust private, but needs to provide proof of its existence to his bank. John's attorney prepares a certification of trust that includes only the necessary information, such as the name of the trustee and the date the trust was created. The bank accepts the certification as proof of the trust's existence.

Example 2: Mary wants to transfer ownership of her business to a trust to protect it from creditors. She does not want the details of the trust to be made public, but needs to provide proof of its existence to potential investors. Mary's attorney prepares a certification of trust that includes only the necessary information, such as the name of the trustee and the powers granted to them. The investors accept the certification as proof of the trust's existence.

These examples illustrate how a certification of trust can be used to provide proof of a trust's existence without revealing sensitive information. By omitting certain details, the trust can remain private while still being recognized by financial institutions and other organizations.