(a) In this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust instrument, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if:
(1) The discretion is expressed in the form of a standard of distribution; or
(2) The terms of the trust instrument authorizing a distribution couple language of discretion with language of direction.
(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts
§44D-5-501. Rights of Beneficiary's Creditor or Assignee
§44D-5-502. Spendthrift Provision
§44D-5-503. Exceptions to Spendthrift Provision
§44D-5-503a..Self-settled. Spendthrift Trusts
§44D-5-503c. Vacancies; Revocability of Trust; Right to Withdraw
§44D-5-504. Discretionary Trusts; Effect of Standard
§44D-5-505. Creditor’s Claim Against Grantor