Fill and Sign the Certificate Virginia Form

1CERTIFICATE OF TRUST EXISTENCE AND AUTHORITY I, Attorney Name, do hereby state and declare: l. I am an attorney licensed to practice law in the Commonwealth of Virginia. 2. That on the _________ day of ___________, _____, I prepared a REVOCABLE LIVING TRUST with accompanying Pour-Over Wills for XXX and YYY, which documents were executed on the _________ day of ___________, _____. 3. Said documents are still in force and effect. 4. That the following provisions may be relied upon as a statement of material matters set forth within the Trust by anyone dealing with the Initial Trustees or any Successor Trustees. 5. I declare the foregoing statements to be true and correct. Dated this ____ day of ______________, _____. ___________________________________ Attorney Name, ATTORNEY AT LAW THIS CERTIFICATE OF TRUST EXISTENCE AND AUTHORITY , is signed on this _________ day of ___________, _____, in the City of Richmond, Virginia by XXX and YYY, the Settlors and the original Trustees. The term "Trustee" includes Trustees and successor Trustees. Wherever the context requires, the singular includes the plural, and the masculine includes the feminine and neuter. The name of this trust shall be ZZZ REVOCABLE LIVING TRUST DATED _____________. I. SETTLORS’ POWERS : The Settlors, or the survivor of them reserve the right at any time or from time to time to amend or revoke this Trust in whole or in part, and to add, substitute or remove any trust property. The Settlors reserve the right to add property to this Trust by Will. II. TRUSTEES’ POWERS : The Trustee shall have all of the powers set forth in Virginia Code section 64.1-57 as in effect on the date hereof, the provisions of which are hereby expressly incorporated herein by reference. The Trustee shall also have the following powers, which are in addition to all common law and statutory powers, and in addition to all other powers granted to the Trustee by this Trust, which shall continue after the 2termination of any of the trusts created by this Trust for the purpose of the distribution of all or any portion of the trust property, and which may be exercised at any time by the Trustee without approval from any court: A. To purchase or sell at public or private sale, or to exchange, grant options to purchase, lease, pledge, improve, repair, manage, insure, operate, control, and mortgage, in such manner and on such terms as the Trustee in its sole discretion may deem advisable, any property, real or personal, which at any time may constitute a part of the trust property. B. To purchase any assets from each Settlor’s estate at fair market value in such quantities as the Trustee deems advisable, and to loan all or a portion of the trust property to each Settlor’s testamentary estate, upon such terms and in such amount as the Trustee deems advisable, and with or without taking security. C. To borrow money for any purpose, with or without security and to pledge securities or other property, without regard for the term of the trust(s). D. To execute all deeds, assignments, leases or other instruments necessary or proper for the exercise of any power granted to the Trustee. E. To invest or reinvest in and retain as an investment any property which in the opinion of the Trustee is suitable for the purposes of the Trust, although of a kind or an amount which otherwise might not be regarded as a proper trust investment, and specifically, but without limitation, to invest in one or more mutual funds, limited partnerships, and annuity funds; provided, however, that either Settlor may specify in a writing delivered to any Trustee other than a Settlor, the kind, amount and date of any investment of all or part of the Settlor's share of the trust property to be made by the Trustee and the broker-dealer or registered representative through whom the investment shall be made. F. To enter into any withdrawal plan with any mutual funds authorizing payment to the Settlors, the survivor of them or to any other beneficiary, of a specified monthly or quarterly amount payable from income dividends, capital gains distributions, and, to the 3extent necessary, from the proceeds of liquidation of shares of any mutual fund, to enter into any accumulation plan with any mutual fund authorizing reinvestment of income dividends and capital gains distributions and permitting further periodic or other investments in any mutual fund, to deposit shares of any mutual fund with a custodian or other agent, and to keep any or all securities constituting a part or all of the trust property in the name of a custodian or other agent pursuant to any withdrawal plan or accumulation plan. Neither the custodian nor other agent, nor the fund, nor its transfer agent shall be under any duty to inquire beyond the provisions of this subparagraph into the powers or duties of the Trustee, and to that extent the provisions of this subparagraph shall supersede any other provisions of this Trust. Neither the custodian, nor other agent, nor the fund, nor its transfer agent shall be required to see to the application of any payments made pursuant to any withdrawal plan, nor shall they assume the responsibility for the validity of this Declaration of Trust or any of its provisions. G. To vote either in person or by general or limited proxy, or to refrain from voting, any corporate stock for any purpose not inconsistent with the trust(s) as will in the sole discretion of the Trustee be most beneficial for the Settlors during their lifetimes, and thereafter for the named beneficiaries. H. To deposit any securities constituting a part or all of the trust property with or under the direction of any committee formed to protect the securities and to participate in, consent to or carry out any reorganization, consolidation, merger, liquidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization and to exercise conversion and subscription rights, and hold any property received pursuant to any exchange, deposit, conversion or subscription as part of the trust property. I. To keep any or all securities or other property constituting a part or all of the trust property in the name of another person, or of a partnership or corporation, or in the name of the Trustee, or of any one or more or them, without disclosing their fiduciary capacity. 4J. To determine how all receipts from any source and all disbursements for any purpose shall be credited, charged or apportioned between the trust property and the income of the trust property, all without regard to general rules of law, and specifically, but without limitation, to make that determination in regard to stock and cash dividend rights, and all other receipts in respect of the ownership of stock. K. To purchase or retain stock which pays dividends in whole or in part, otherwise than in cash. L. To pay, prosecute, extend, renew, modify, contest or compromise, upon such terms as the Trustee may determine, and upon such evidence as the Trustee may deem sufficient, any obligation or claim, including taxes, either in favor of or against the trust property, or the income of the trust property. M. To employ attorneys, banks, brokers, custodians, investment counsel and other agents, and to delegate to them duties, rights and powers of the Trustee, including, among others, the right to vote on shares of stock constituting a part or all of the trust property, for periods and purposes as the Trustee in its sole discretion may deem advisable. Any agent shall be eligible to be so employed and to receive and retain reasonable compensation or commissions for services rendered, the same to be in addition to the compensation which such Trustee would otherwise be entitled to receive for services as a Trustee. N. To receive property in trust from the Settlors, or from any other person, whether by will or otherwise. O. To determine whether and to what extent income of the trust property shall be transferred to the trust property with respect to the amortization, depreciation or depletion of any of the trust property, all without regard to the general rules of law on the subject. P. To hold, manage, invest and account for the principal of each trust under Article 3 either as a separate fund or commingled with the principal of any or all of the other trusts as a single fund, as the Trustee in its sole discretion may determine, and if commingled as a single fund, making the division only upon books of account and allocating to each trust its proportionate 5part of the principal and income of the common fund, and charging against each trust its proportionate part of the common expenses, which expenses may be further apportioned between the income and principal of each trust under subparagraphs (J) and (O). Q. To buy, sell and trade in securities of any nature, including short sales, on margin, and for such purposes may maintain and operate margin accounts with brokers, and may pledge any securities held or purchased by them with such brokers as security for loans and advances. R. To allow the surviving spouse to occupy and use until his or her death, the home (or any interest therein) used by either or both Settlors as a principal residence at the time of the decedent Settlor’s death. The surviving spouse shall not be required to pay rent for such use of the home, and upon his or her direction, may have the Trustee sell such house and reinvest such proceeds as the surviving spouse so directs. S. To elect the mode of payment which appears to be the most advantageous to the trust and beneficiaries, if not previously elected, of any employee benefit plans or retirement plans wherein the Trustee is named as beneficiary. T. To continue to participate in any business or other enterprise at the risk of the trust estate and to effect incorporation, dissolution or other change in the form of organization of the business or enterprise. At any time that either of the Settlors or any successor Trustee is acting as a Trustee, the sole signature of a Settlor or of a successor Trustee as a Trustee shall be sufficient to execute proxies or powers of attorney, to vote any securities or other assets, to execute stock powers or other endorsements of securities or any other negotiable instruments registered, issued or drawn in the name of or to the order of the Trustee for the purpose of effecting assignment, transfer or delivery, and to sign checks or orders to pay on deposits, accounts or credit balances of the Trustee with any bank, banker, broker or trust company. No person or corporation dealing with the Trustee shall be required to investigate the Trustee's authority for entering into any transaction or to see to the application of the proceeds of any transaction. 6III. TRUSTEES : Any Trustee may resign at any time by giving at least thirty (30) days written notice of its intention to do so, delivered personally or by registered mail to the remaining Trustee, or if none, to at least one beneficiary. In the case of death, resignation, disability, or incapacity of any prior Trustee, established by receipt of a written certificate to that effect from the prior Trustee’s physician, or if none, or if unavailable, from a licensed medical doctor of the succeeding Trustee’s own choosing, the person or organization named in the next succeeding item of Article 16 A shall be the Trustee, and the person or organization named in the following item of Article 16 A shall be the successor Trustee. Any Trustee may in its discretion appoint a Co-trustee. The last successor Trustee may appoint a successor Trustee. Any successor Trustee shall be deemed to be in office and entitled to act upon delivery of its written acceptance of this Trust to an acting Trustee, or if none, to at least one beneficiary. Any Co-trustee may delegate its powers in writing to the other Trustee for a period not to exceed six (6) months, may revoke that designation, and may successively renew it. Any successor Trustee shall have all the powers, immunities and discretions given to the original Trustee. No Trustee shall be required to give bond for the performance of its duties, or if required by law, no surety shall be required on such bond. IV. TRUSTEE AMENDMENT OF ADMINISTRATIVE PROVISIONS : The Trustee may, upon giving notice to each beneficiary, amend, either in whole or in part, any administrative provision of this Trust which causes unanticipated tax liability, or conform the administrative provisions of the Trust to the requirements of the taxing authorities. The Trustee is, therefore, expressly authorized to enter into any agreements with the Internal Revenue Service or any other governmental body and to execute any documents as will, in the discretion of the Trustee, tend to minimize the taxes resulting from this Trust. V. CERTIFIED COPIES : To the same effect as if it were the original, anyone may rely upon a copy certified by a notary public to be a true copy of this Declaration of Trust (and attachments, if any). Anyone may rely fully upon any statements of fact certified by one who appears from the original Declaration or an executed counterpart or a certified copy to be the Trustee. VI. ESSENTIAL INFORMATION : A. Place of Residence and Names: 1. City and State: Richmond, Virginia. 2. Settlors: __________________________________. 73. Original Trustees: _________________________________. 4. First Successor Trustee: _____________________ of __________________. 5. Second Successor Trustee: ______________________ of _________________. REPRODUCTIONS OF THIS EXECUTED ORIGINAL (WITH REPRODUCED SIGNATURES) SHALL BE DEEMED TO BE ORIGINAL COUNTERPARTS OF THIS CERTIFICATE . Signed and dated this _________ day of ___________, _____. _____________________________ XXX Settlor and Trustee _____________________________ YYY Settlor and Trustee COMMONWEALTH OF VIRGINIA ) COUNTY OF _______________) Personally appeared above-named Settlors and Trustees, XXX and YYY, and duly acknowledged that they executed the preceding instrument as their free act and deed, before me, this _________ day of ___________, _____. (SEAL) ________________________________ Notary Public My commission expires: ________________________________