An Affidavit of Trust is commonly used in Canadian jurisdictions when there is a need to provide third parties with verified information about a trust's existence and details. This document becomes necessary in various situations, such as when conducting financial transactions, real estate dealings, or other legal matters involving trust assets. The Affidavit of Trust serves as a sworn statement that provides essential information about the trust's creation, its current trustees, beneficiaries, and assets, while avoiding the need to disclose the entire trust agreement to third parties. It must be executed in compliance with federal and provincial requirements, typically before a Commissioner of Oaths or Notary Public, and often serves as a more practical alternative to sharing the complete trust document, particularly when confidentiality is a concern or when only specific trust details need to be verified.
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1. Affiant Identification: Formal identification of the person making the affidavit, including full legal name, occupation, and address
2. Basis of Knowledge: Statement explaining the affiant's relationship to the trust and basis for having knowledge of the trust details
3. Trust Identification: Details of the trust including its official name, date of creation, and type of trust
4. Trust Document Reference: Reference to the original trust document, including date of execution and location of the original
5. Trustee Information: Identification of all current trustees and their roles
6. Trust Property: Description of the trust property or assets currently held in the trust
7. Trust Terms: Summary of key trust terms and provisions
8. Beneficiary Information: Identification of trust beneficiaries and their respective interests
9. Verification Statement: Formal statement verifying that all information provided is true and correct
10. Jurat: Formal closing statement including date and location of signing, with space for notary/commissioner details
1. Successor Trustee Provisions: Include when the trust has specific provisions for successor trustees
2. Trust Amendments: Include when the trust has been modified since its creation
3. Power of Attorney: Include when there are specific powers of attorney related to the trust
4. Trust Distribution History: Include when there have been significant distributions from the trust
5. Tax Status: Include when tax status of the trust is relevant to the purpose of the affidavit
6. Foreign Property Declaration: Include when the trust holds property in foreign jurisdictions
7. Trust Committee Details: Include when the trust has a formal committee structure
1. Schedule A - Trust Assets: Detailed inventory of current trust assets and their values
2. Schedule B - Beneficiary Schedule: Detailed list of beneficiaries and their respective interests or entitlements
3. Schedule C - Trust Document Copy: Copy of the original trust document and any amendments
4. Schedule D - Supporting Documents: Copies of relevant supporting documents referenced in the affidavit
5. Appendix 1 - Corporate Resolution: If trustee is a corporation, corporate resolution authorizing the affidavit
6. Appendix 2 - Certificate of Independent Legal Advice: If required, confirmation that independent legal advice was received
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