Certification of Trust

CERTIFICATION OF TRUST

Pursuant to Florida Statutes Section 736.1017

STATE OF FLORIDA

COUNTY OF [________________________________]

I. TRUST EXISTENCE AND IDENTIFICATION

The undersigned Trustee(s) of the trust described herein hereby certify, pursuant to Florida Statutes Section 736.1017, the following:

1. Trust Existence:

A trust exists under the name: [________________________________] (the "Trust").

2. Date of Execution:

The Trust instrument was originally executed on [__/__/____].

3. Situs of Trust:

The situs of the Trust is in the State of Florida, County of [________________________________].

4. Amendments and Restatements:

☐ The Trust has not been amended since its original execution.

☐ The Trust has been amended. The dates of all amendments are as follows:

☐ The Trust has been completely restated. The date of the most recent restatement is: [__/__/____].

5. Governing Law:

The Trust is governed by the laws of the State of Florida, including the Florida Trust Code (Florida Statutes Chapter 736).

II. SETTLOR IDENTIFICATION

6. Identity of Settlor(s):

The Settlor(s) of the Trust is/are:

7. Settlor Status:

☐ Settlor is living.

☐ Settlor is deceased. Date of death: [__/__/____]. County of domicile at death: [________________________________], Florida.

☐ Co-Settlor is living.

☐ Co-Settlor is deceased. Date of death: [__/__/____].

III. TRUSTEE IDENTIFICATION AND ADDRESS

8. Currently Acting Trustee(s):

The currently acting Trustee(s) of the Trust is/are:

9. Trustee Type:

☐ Individual Trustee(s)

☐ Corporate Trustee — Name of Institution: [________________________________]

    ☐ State-chartered trust company

    ☐ National bank with trust powers

    ☐ Other: [________________________________]

10. Trustee Succession:

The currently acting Trustee(s) named above is/are serving as:

☐ Original Trustee(s) named in the Trust instrument.

☐ Successor Trustee(s), having succeeded to office pursuant to the terms of the Trust instrument.

11. Manner of Trustee Succession (if applicable):

☐ Death of prior Trustee

☐ Resignation of prior Trustee

☐ Incapacity of prior Trustee

☐ Removal of prior Trustee

☐ Not applicable — original Trustee(s) currently serving

☐ Other: [________________________________]

IV. POWERS OF THE TRUSTEE

12. Trustee Powers:

The Trust instrument grants the Trustee(s) the following powers, which include but are not limited to:

(a) The power to collect trust property and hold property in the name of a nominee, including property in which the Trustee has a personal interest (Fla. Stat. § 736.0816(1));

(b) The power to acquire or sell property, including real property and interests in real property, for cash or on credit (Fla. Stat. § 736.0816(2));

(c) The power to exchange, partition, or otherwise change the character of trust property, and to enter into leases, including leases extending beyond the term of the trust (Fla. Stat. § 736.0816(4), (10));

(d) The power to borrow money and encumber or grant a security interest in trust property, including the power to execute promissory notes, mortgages, and security agreements (Fla. Stat. § 736.0816(6));

(e) The power to deposit trust funds in accounts at financial institutions (Fla. Stat. § 736.0816(5));

(f) The power to acquire an undivided interest in a trust asset, including money market and mutual funds (Fla. Stat. § 736.0816(3));

(g) The power to manage, develop, improve, and subdivide real property and to dedicate land for public use (Fla. Stat. § 736.0816(9));

(h) The power to grant options involving a sale, lease, or other disposition of trust property, and to grant easements affecting trust property (Fla. Stat. § 736.0816(9), (11));

(i) The power to exercise the rights of an absolute owner with respect to stocks and other securities, including voting rights (Fla. Stat. § 736.0816(8));

(j) The power to insure trust property against damage or loss and to insure the Trustee against liability (Fla. Stat. § 736.0816(12));

(k) The power to employ persons, including attorneys, accountants, advisers, and agents (Fla. Stat. § 736.0816(20));

(l) The power to execute and deliver all instruments necessary to carry out any power granted herein (Fla. Stat. § 736.0816(24));

(m) The power to prosecute, defend, or participate in legal actions (Fla. Stat. § 736.0816(23)); and

(n) All other powers conferred by the Trust instrument and applicable Florida law.

☐ The Trust instrument grants additional specific powers relevant to the current transaction:

[________________________________]

V. REVOCABILITY OF THE TRUST

13. Revocability Status:

☐ The Trust is revocable. The following person(s) hold the power to revoke the Trust:

    Name(s): [________________________________]

    Method of revocation specified in the Trust instrument: [________________________________]

☐ The Trust is irrevocable and may not be revoked.

☐ The Trust became irrevocable upon the death of the Settlor on [__/__/____].

☐ The Trust became irrevocable by its own terms effective [__/__/____].

14. Amendment Authority:

☐ The Trust may be amended by the following person(s): [________________________________]

☐ The Trust may not be amended.

VI. AUTHORITY OF CO-TRUSTEES

15. Co-Trustee Signature Authority:

☐ There is only one currently acting Trustee.

☐ There are multiple currently acting Trustees. The signature authority is as follows:

    ☐ All currently acting Trustees must act unanimously to exercise any power.

    ☐ Any one Trustee may act alone to exercise any power.

    ☐ A majority of the currently acting Trustees may act to exercise powers pursuant to Florida Statutes § 736.0703(1).

    ☐ The signature authority is as follows: [________________________________]

VII. MANNER OF TAKING TITLE

16. Title to Trust Property:

Title to assets of the Trust should be taken in the following manner:

[________________________________], as Trustee of the [________________________________], dated [__/__/____]

VIII. TAX IDENTIFICATION

17. Taxpayer Identification Number:

☐ The Settlor's Social Security Number (for revocable grantor trusts): XXX-XX-[________________________________]

☐ The Trust's Employer Identification Number (EIN): [________________________________]

IX. FLORIDA HOMESTEAD DISCLOSURE

18. Homestead Status:

☐ The Trust does not own or hold any interest in Florida homestead property.

☐ The Trust owns or holds an interest in Florida homestead property located at:

    Property Address: [________________________________]

    County: [________________________________]

    Legal Description: [________________________________]

X. REPRESENTATIONS AND WARRANTIES

19. The undersigned Trustee(s) hereby represent and warrant that, pursuant to Florida Statutes Section 736.1017:

(a) The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect;

(b) The information contained in this Certification of Trust is true and correct as of the date of execution;

(c) The Trustee(s) have the authority to act on behalf of the Trust in connection with the transaction or matter for which this Certification of Trust is being presented;

(d) There are no pending or threatened judicial proceedings that would affect the Trustee(s)' authority to act on behalf of the Trust;

(e) No court has issued any order limiting or modifying the powers of the Trustee(s);

(f) The Trustee(s) have not received written notice of any claim or dispute regarding the validity of the Trust or the authority of the Trustee(s); and

(g) The undersigned understand(s) the legal consequences of making false representations in this Certification.

XI. INFORMATION NOT REQUIRED TO BE DISCLOSED

20. Pursuant to Florida Statutes Section 736.1017(4), this Certification of Trust need not contain the dispositive terms of the Trust. The undersigned Trustee(s) specifically decline to disclose:

(a) The identity of the beneficiaries of the Trust;

(b) The dispositive terms and provisions of the Trust;

(c) The specific distribution provisions of the Trust; and

(d) Any other terms not relevant to the pending transaction.

XII. THIRD-PARTY RELIANCE AND PROTECTION

21. Pursuant to Florida Statutes Section 736.1017:

(a) A person who acts in reliance upon this Certification without knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained herein (Fla. Stat. § 736.1017(6));

(b) A person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the trust property as if the representations contained herein are correct (Fla. Stat. § 736.1017(7));

(c) This section does not limit the right of a person to obtain a copy of the Trust instrument when required to be furnished by law or in a judicial proceeding concerning the Trust (Fla. Stat. § 736.1017(8)).

XIII. SUCCESSOR TRUSTEE PROVISIONS

22. Designated Successor Trustees:

☐ The Trust instrument designates the following successor Trustee(s):

☐ Successor trustee information is not disclosed in this Certification.

XIV. EXECUTION

IN WITNESS WHEREOF, the undersigned Trustee(s) of the Trust identified herein have executed this Certification of Trust as of [__/__/____].

TRUSTEE:

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

TRUSTEE (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESSES:

Witness 1 Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Witness 2 Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

XV. NOTARIAL ACKNOWLEDGMENT

STATE OF FLORIDA

COUNTY OF [________________________________]

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization this [__/__/____], by [________________________________], who is/are personally known to me or who has/have produced [________________________________] as identification.

Notary Public, State of Florida

Printed Name: _______________________________________________

My Commission Number: [________________________________]

My Commission Expires: [__/__/____]

(Notary Seal)

XVI. FLORIDA-SPECIFIC NOTES AND REQUIREMENTS

Important Florida Legal Notes:

1. Florida Trust Code. This Certification is authorized by Florida Statutes Section 736.1017, part of the Florida Trust Code (Chapter 736), effective July 1, 2007.

2. Recording Requirements for Real Property. Under Florida Statutes Section 689.06, a memorandum of trust (or certification of trust) may be recorded in the official records of any county in which the trustee holds real property. Recording provides constructive notice.

3. Homestead Protections. Article X, Section 4 of the Florida Constitution provides strong homestead protections that apply to property held in revocable trusts. The trustee cannot sell, mortgage, or otherwise encumber homestead property without complying with the constitutional restrictions on alienation, including spousal joinder requirements.

4. Documentary Stamp Tax. Under Florida Statutes Chapter 201, transfers to or from a revocable living trust where the settlor is the beneficiary may be exempt from documentary stamp taxes. Confirm with a tax adviser for each transaction.

5. Elective Share. Florida Statutes Section 732.2035 includes trust assets in the elective estate calculation. This may affect transfers of trust property.

6. Remote Online Notarization. Florida permits remote online notarization (RON) under Florida Statutes Section 117.265. A certification of trust may be notarized remotely using approved RON technology.

7. Trustee's Duty to Inform. Under Florida Statutes Section 736.0813, the trustee has certain duties to inform and account to beneficiaries. However, these duties do not require the trustee to disclose the full trust instrument to third parties.

8. Foreign Trusts. If the trust was established under the laws of another state but holds Florida property, additional requirements may apply, including compliance with Florida Statutes Section 736.0107 (governing law and principal place of administration).

This Certification of Trust is made pursuant to, and in compliance with, Florida Statutes Section 736.1017. This document is not a complete copy of the Trust instrument and does not contain the dispositive provisions thereof.

[END OF CERTIFICATION OF TRUST]