You should use a Certification of Trust form, and you should not add an individual as an authorized signer on the trust account until you obtain this form from the existing trustee.

Your bank should not attempt to interpret trust instruments, which, as you point out, can be unclear. Under Illinois law, you are required to obtain a Certification of Trust form or other documentation containing the same information in lieu of asking for an entire trust instrument, unless you have specific BSA/AML concerns or otherwise are required by law to go further and inspect the entire trust instrument. When acting in good faith and without contrary knowledge, your bank may rely on the Certification of Trust form without concern for liability.

For resources related to our guidance, please see:

• Trusts and Trustees Act, 760 ILCS 5/8.5(a) (“Instead of furnishing a copy of the trust instrument to a person other than the beneficiary, the trustee may furnish to the person a certification of trust containing the following information: . . . .”)

• Trusts and Trustees Act, 760 ILCS 5/8.5(f) (“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 and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.”)