TITLE 68

TRUSTS AND FIDUCIARIES

CHAPTER 1

TRUSTS

68-117.  Reliance on facts contained in certification — Enforceability. (1) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting. A person who does not know that the facts contained in the certification are incorrect may assume without inquiry the existence of the facts contained in the certification. Knowledge may not be inferred solely from the fact that a copy of all or part of a trust instrument is held by the person relying upon the certification.

(2)  A transaction, and any lien created thereby, entered into by a trustee and a person acting in reliance upon a certification of trust is fully enforceable against the assets of the trust unless the person knows that the trustee is acting outside the scope of the trust.

History:

[68-117, added 1998, ch. 302, sec. 4, p. 997.]