Posted By: Mel in WA
Trust Certification Document - 05/03/17 04:15 AM
Can a bank accept a Trust Certification in lieu of obtaining the entire trust document?
Posted By: Mel in WA
Re: Trust Certification Document - 05/03/17 05:41 PM
So impressed you are answering in the WA State forum....Is there anything you don't know, rlcary?? A few comments/questions:
Our current process for identifying a Trust for a deposit and/or loan account is to obtain the entire Trust document. I would like to change this procedure to get a Certification of Trust and then request the entire Trust, if necessary (it may be needed for a loan more than a deposit account). However, #8 under 11.98.075 concerns me:
(8) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including reasonable attorney fees, if the court determines that the person did not act in good faith in demanding the trust instrument.
Since we are acting "in good faith", is it acceptable to request the entire Trust in addition to the Certification of Trust? The word "liable" is always scary.
Posted By: rlcarey
Re: Trust Certification Document - 05/03/17 07:48 PM
Well, this is really a question for WA legal counsel. I would say that "in good faith" in that provision is that you have an actual documentable need for the entire trust.