(a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section nine of this article in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section nine of this article.
(c) A transfer under subsection (a) or (b) may be made only if (i) the personal representative, trustee or conservator considers the transfer to be in the best interest of the minor, (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument and (iii) the transfer is authorized by the court if it exceeds $10,000 in value.
Structure West Virginia Code
Chapter 36. Estates and Property
Article 7. Uniform Transfers to Minors Act
§36-7-2. Scope and Jurisdiction
§36-7-3. Nomination of Custodian
§36-7-4. Transfer by Gift or Exercise of Power of Appointment
§36-7-5. Transfer Authorized by Will or Trust
§36-7-6. Other Transfer by Fiduciary
§36-7-8. Receipt for Custodial Property
§36-7-10. Single Custodianship
§36-7-11. Validity and Effect of Transfer
§36-7-12. Care of Custodial Property
§36-7-14. Use of Custodial Property
§36-7-15. Custodian's Expenses, Compensation, and Bond
§36-7-16. Exemption of Third Person From Liability
§36-7-17. Liability to Third Persons
§36-7-19. Accounting by and Determination of Liability of Custodian
§36-7-20. Termination of Custodianship
§36-7-22. Effect on Existing Custodianships