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A certification of trust shall state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
To create a living trust in the state of Virginia, you must have a written trust document signed in the presence of a notary. The trust won't be official until you have transferred your assets into it. Living trusts may offer up a variety of benefits that will help you in the long run.
Proceedings to appoint or remove trustees may be brought by motion pursuant to §§ 64.2-1405 and 64.2-1406. B. Proceedings to appoint or remove trustees also may be brought by petition or complaint.
If you don't want to show your trust document, in most cases you can use a shorter version of it, called a "certification of trust" or "certificate of trust" and sometimes referred to as an "abstract of trust." This document gives institutions the information they need but lets you keep some key provisions private.
These requirements are discussed in detail below. The Settlor must have the Capacity to Create a Trust. ... The Settlor or his Agent Indicates an Intention to Create the Trust. ... The Trust must have a Definite Beneficiary. ... You have to Name a Trustee to Manage the Trust. ... The same Person is not the Sole Trustee and Sole Beneficiary.
There is a six-step process for making a living trust in Virginia: Select a type of trust. ... Inventory your assets and property. ... Choose a trustee. ... Put together your trust document. ... Visit a notary public and sign your living trust in front of them. Fund your trust.
Visit a notary public: You'll need to sign your living trust in front of a notary public. Fund your trust: At this point, it's time to officially place your property within the confines of your living trust. Again, an estate planning lawyer would be valuable for this step.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.