Certificate of Trust — Wisconsin UTC Adopted
State-specific requirements for a Certificate of Trust in Wisconsin.Create yours now →
Certificate of Trust · At a glance
Wisconsin · summary of the record on file
Wis. Stat. ch. 701 (Wisconsin Trust Code, enacted 2013, effective April 1, 2014); Certification of Trust at Wis. Stat. § 701.1013Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: No specific notary or witness requirement mentioned in the statute for the certification itself.
- Witnesses: No specific notary or witness requirement mentioned in the statute for the certification itself.
- Recording: No recording requirement specified in the statute.
- Source URL: https://docs.legis.wisconsin.gov/statutes/statutes/701/x/1013
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Wis. Stat. ch. 701 (Wisconsin Trust Code, enacted 2013, effective April 1, 2014); Certification of Trust at Wis. Stat. § 701.1013
How a Certificate of Trust works in Wisconsin
Certification Requirements
Under § 701.1013, instead of furnishing a copy of the trust instrument, the trustee may furnish a certification of trust containing: (1) that the trust exists and date instrument executed; (2) identity of settlor; (3) identity and address of currently acting trustee; (4) powers of trustee; (5) revocability or irrevocability of trust and identity of any person holding power to revoke; (6) authority of cotrustee to sign/authenticate and whether all or less than all cotrustees required; (7) manner in which title to trust property may be taken. Trustee must also include statement that trust has not been revoked, modified, or amended in a manner that would make representations incorrect. Certification need not contain dispositive terms. Recipient may require excerpts designating trustee and conferring powers for pending transaction.
Under Wis. Stat. 701.1013, a trustee may furnish a certification of trust to a third party instead of the full trust instrument. The certification must contain that the trust exists and the date the trust instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, the powers of the trustee, the revocability or irrevocability of the trust and the identity of any person holding power to revoke, the authority of the cotrustee to sign or authenticate and whether all or less than all cotrustees are required, and the manner in which title to trust property may be taken. The certification must also include a statement that the trust has not been revoked, modified, or amended in a manner that would make the representations incorrect. The certification need not contain dispositive terms.
Common mistakes that get certificates rejected
A certification that omits the statement that the trust has not been revoked, modified, or amended in a manner that would make the representations incorrect falls short of Wis. Stat. 701.1013. Leaving out the manner in which title to trust property may be taken also fails the statute. A certification signed by fewer than all currently acting trustees, or one that describes trustee powers that do not match the pending transaction, will not satisfy the statute. In each case the recipient may require the full trust instrument, and a bad-faith demand can expose the recipient to liability for costs, expenses, attorney fees, and damages.
What makes Wisconsin different
Wisconsin adopted the Wisconsin Trust Code (Wis. Stat. ch. 701) effective April 1, 2014, with certification governed by 701.1013. The state includes a comprehensive decanting framework (701.1301-701.1322) added in 2018. Wisconsin has not abolished the Rule Against Perpetuities; trusts are generally limited to lives in being plus 21 years or 90 years under UTC-style provisions. Wisconsin does not allow self-settled asset protection trusts. The state has no state estate tax. Wisconsin's statute provides penalties for bad-faith requests for the full trust instrument beyond certification. The trust code includes strong provisions for trust administration and trustee accountability, and the state's trust framework is further supported by the Uniform Principal and Income Act for trust management, administration, ongoing beneficiary protections, and fiduciary oversight.
Frequently asked questions
Does Wisconsin require a certification of trust to be notarized?
Wis. Stat. 701.1013 does not require notarization or witnesses for the certification of trust itself. The certification may be signed or otherwise authenticated by any trustee. No specific notary or witness requirement is mentioned in the statute for the certification, and no recording requirement is specified in the statute for the certification of trust under Wisconsin law or the Wisconsin Trust Code.
What must a Wisconsin certification of trust contain?
Wis. Stat. 701.1013 lists seven required items: trust existence and date of execution, settlor identity, acting trustee identity and address, trustee powers, revocability and identity of any person holding power to revoke, cotrustee signing authority and whether all or less than all are required, and the manner in which title to trust property may be taken. The certification must also include a statement that the trust has not been revoked, modified, or amended in a manner that would make the representations incorrect.
Can a bank request the complete trust after I present a Wisconsin certification?
Under Wis. Stat. 701.1013, a recipient may require the trustee to furnish excerpts designating the trustee and conferring powers for the pending transaction. The statute provides that a person acting in reliance without knowledge of incorrectness is not liable, and good faith transactions are enforceable against trust property. A person making a bad-faith request for the full trust instrument beyond the certification is liable for costs, expenses, attorney fees, and damages.
How does Wisconsin treat business trusts for certification purposes?
Wisconsin treats business trusts and Massachusetts trusts under common law. The Wisconsin Trust Code (ch. 701) applies to express, charitable or noncharitable, and testamentary or living trusts, and trusts created pursuant to statute, judgment, or decree administered as express trusts. Wisconsin does not have a specific statutory business trust entity act or a business trust registration statute like Delaware or Nevada.
Execution Requirements
Certification of trust may be signed or otherwise authenticated by any trustee (sub. 2). No specific notary or witness requirement mentioned in the statute for the certification itself. No recording requirement specified in the statute. Reliance protection: person acting in reliance without knowledge of incorrectness is not liable; good faith transactions enforceable against trust property. Bad faith demands for full trust instrument beyond certification liable for costs, expenses, attorney fees, and damages.
Business Trust Treatment
Wisconsin treats business trusts/Massachusetts trusts under common law. The Wisconsin Trust Code (ch. 701) applies to express, charitable or noncharitable, and testamentary or living trusts, and trusts created pursuant to statute, judgment, or decree administered as express trusts. Wisconsin does not have a specific statutory business trust entity act. Business trusts are recognized under common law as unincorporated associations. Wisconsin does not have a business trust registration statute like Delaware or Nevada.
Favorable Trust Laws
Wisconsin adopted the UTC with modern provisions including decanting (Wis. Stat. §§ 701.1301-701.1322). Wisconsin has not abolished the Rule Against Perpetuities; trusts are generally limited to lives in being plus 21 years (or 90 years under UTC-style provisions). Wisconsin does not allow self-settled asset protection trusts (DAPTs). Wisconsin has no state estate tax. The trust code includes strong protections for third parties dealing with trustees.
Unique Factors
Wisconsin's certification of trust statute closely follows the UTC model (§ 1013). Wisconsin's Trust Code includes a comprehensive decanting framework (§§ 701.1301-701.1322) added in 2018, with detailed provisions on trust limitation on decanting, change in compensation, relief from liability, removal/replacement of authorized fiduciary, and tax-related limitations. Wisconsin's statute provides penalties for bad-faith demands for the full trust instrument beyond certification, including liability for costs, expenses, attorney fees, and damages. Wisconsin does not require notarization of the certification, making it simpler to execute than some states.