Certificate of Trust — Vermont UTC Adopted
State-specific requirements for a Certificate of Trust in Vermont.Create yours now →
Statutory Citation
14A V.S.A. §§ 101-1204 (Vermont Trust Code), adopted 2009; 14A V.S.A. § 1013 (certification of trust)
Certification Requirements
Under 14A V.S.A. § 1013, a certificate of trust must be upon the representation of the trustee that the statements are true and correct, with the signature of the trustee under oath before a notary public or other official authorized to administer oaths. The certificate must include: (1) the name of the trust, if one is given; (2) the date of the trust instrument; (3) the name of each settlor; (4) the name of each original trustee; (5) the name and address of each trustee empowered to act; (6) an abstract of the provisions authorizing the trustee to act in the manner contemplated; (7) a statement that the trust instrument has not been revoked or amended as to the authorizing provisions, and that the trust exists; (8) a statement that no provisions of the trust instrument limit the authority so granted; (9) a statement as to whether the trust is supervised by any court and, if so, that all necessary approval has been obtained. A certificate of trust may be recorded in the municipal land records where the land is located. When recorded or presented to a third party, it serves as documentation of trust existence, trustee identity, powers, and limitations. The certificate is conclusive proof of the matters contained unless a party has actual knowledge to the contrary. Amendment or revocation must be by written instrument executed by the trustee and is not effective without actual notice.
Execution Requirements
Under the Vermont Trust Code, a trust instrument must be signed by the settlor. Vermont does not require witnesses for trust execution. However, the certificate of trust must be signed under oath before a notary public or other official authorized to administer oaths. Trust instruments affecting real property may be recorded in municipal land records, but general trust instruments are not required to be recorded.
Business Trust Treatment
Vermont does not have a specific statutory scheme for business or Massachusetts trusts. Business trusts are generally treated under common law trust principles or may be structured as other business entities under Vermont business organization statutes. The Vermont Trust Code governs express trusts and is supplemented by common law and principles of equity.
Favorable Trust Laws
Vermont repealed its state estate tax for deaths occurring after January 1, 2016, making it favorable for estate planning. The state imposes income tax on trust income. Vermont has no specific Domestic Asset Protection Trust (DAPT) statute. The state adopted the Uniform Trust Code with Vermont-specific modifications in 2009. Dynasty trusts are governed by the rule against perpetuities or applicable wait-and-see statutes. Vermont has a comprehensive trust code that provides clear statutory guidance for trustees and beneficiaries.
Unique Factors
Vermont repealed its state estate tax, which is a significant advantage for trust situs selection. The state has a strong agricultural and conservation trust tradition reflecting its rural New England character. Vermont adopted the Uniform Trust Code in 2009 with its own modifications. The certificate of trust statute is more detailed than the standard UTC provision and includes conclusive proof provisions and specific amendment/revocation notice requirements.