Trust Authority

Certification of Trust

Utah law provides that if a person other than the beneficiary requests a copy of the trust, 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 certain information.  See Utah Code Annotated 75-5-1013.

Use the below trust certification of trust form  in dealing with parties who request evidence of the relevant trust terms or need to know that the trustee is authorized to act. 

Trustee Appointments

When a trustee passes away, becomes disabled, or is no longer willing to act, it may be necessary to appoint a successor trustee.  Where the trust agreement names a successor trustee to step-up and take control, an appropriate appointment of trustee form is necessary to evidence the new trustee's authority to act and acceptance of that authority.

Judicial Appointment of Trustee

If a trustee is not named in the document, it may be necessary to undergo a court hearing to appoint a new trustee.  Reach out to one of our attorneys for a consultation if no trustee is appointed to serve.