A: The short answer is no. Under Georgia law, any third party doing business with a trust is entitled to rely on an affidavit called a Certificate of Trust as proof that the trust exists, who the Trustees are and that is a valid trust under state law. They will have no liability for any damages if they obtain a Certificate of Trust from the Trustee. In addition if they refuse to accept the Certificate of Trust and their refusal is found to be a bad faith request, then they may be liable to pay attorney’s fees and damages to the Trust. Okay, so that’s the law, but what about reality. It’s funny, the law often seems pretty black and white, but it’s seldom like that in the real world. We often have clients calling and asking us about just this issue. We always inform our clients what their rights are, but the reality is if you are trying to close a refinance on your home that will reduce your interest rate by 2 points and the bank is insiting they won’t close without a complete copy of the trust, it may be in your best interests to provide a copy of the trust. Trying to fight a bank is so much like banging your head against a wall. All you’re going to get is a headache. You should however send the bank or closing attorney written notice that they are not authorized to share your trust documents with any other party.