2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.4604 - CERTIFICATION OF TRUST.

        633A.4604  CERTIFICATION OF TRUST.
         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      not been revoked, modified, or amended in any manner which would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.  
         Section History: Recent Form
         99 Acts, ch 125, §82, 109
         C2001, §633.4604
         2005 Acts, ch 38, §54
         CS2005, §633A.4604
         Referred to in § 524.810A

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