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.]
Structure Idaho Code
Title 68 - TRUSTS AND FIDUCIARIES
Section 68-101 - TRUSTEES — POWER OF DISTRICT COURT TO APPOINT.
Section 68-102 - DEATH, RENUNCIATION, OR DISCHARGE OF TRUSTEE — SURVIVAL OF TRUST.
Section 68-103 - COMPENSATION OF TRUSTEES.
Section 68-104 - UNIFORM TRUSTEES’ POWERS ACT — DEFINITIONS.
Section 68-105 - POWERS OF TRUSTEE CONFERRED BY TRUST OR BY LAW.
Section 68-106 - POWERS OF TRUSTEES CONFERRED BY THIS ACT.
Section 68-106A - FIDUCIARY DUTY TO DETERMINE EQUIVALENT VALUE OF SUBSTITUTED PROPERTY.
Section 68-109 - POWERS EXERCISABLE BY JOINT TRUSTEES — LIABILITY.
Section 68-110 - THIRD PERSONS PROTECTED IN DEALING WITH TRUSTEE.
Section 68-111 - APPLICATION OF ACT.
Section 68-112 - UNIFORMITY OF INTERPRETATION.
Section 68-115 - CONTENTS OF CERTIFICATION OF TRUST.
Section 68-117 - RELIANCE ON FACTS CONTAINED IN CERTIFICATION — ENFORCEABILITY.