Iowa Certificate of Trust by Individual
Iowa Statutes
TITLE XV JUDICIAL BRANCH AND JUDICIAL PROCEDURES
SUBTITLE 4. PROBATE; FIDUCIARIES
CHAPTER 633 PROBATE CODE
PART 4. TRUST ADMINISTRATION
Certification of trust
Text of section effective July 1, 2000
1. A trustee may present a certification of trust to any
person in lieu of providing a copy of the trust instrument to establish
the existence or terms of the trust.
2. The certification must contain a statement that the trust has
not been revoked, modified, or amended in any manner which would cause
the representations contained in the certification of trust to be incorrect
and must contain a statement that it is being signed by all of the currently
acting trustees of the trust and is sworn and subscribed to under penalty
of perjury before a notary public.
3. A certification of trust need not contain the dispositive provisions
of the trust which set forth the distribution of the trust estate.
4. A person may require that the trustee offering the certification
of trust provide copies of those excerpts from the original trust instrument
and amendments to the original trust instrument which designate the trustee
and confer upon the trustee the power to act in the pending transaction.
5. A person who acts in reliance upon a certification of trust without
knowledge that the representations contained in the certification 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 shall
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 trust certification.
A transaction, and a lien created by a transaction, entered into by the
trustee and a person acting in reliance upon a certification of trust is
enforceable against the trust assets.
6. A person making a demand for the trust instrument in addition
to a certification of trust or excerpts shall be liable for damages, including
attorney fees, incurred as a result of the refusal to accept the certification
of trust or excerpts in lieu of the trust instrument if the court determines
that the person acted unreasonably in requesting the trust instrument.
7. This section does not limit the rights of beneficiaries to obtain
copies of the trust instrument or rights of others to obtain copies in
a proceeding concerning the trust. Title XV, Subtitle 4, Chap. 633, Part
4, §633.4604.
