In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 8A. West Virginia Uniform Directed Trust Act
§44D-8A-803. Application; Principal Place of Administration
§44D-8A-804. Common Law and Principles of Equity
§44D-8A-806. Powers of Trust Director
§44D-8A-807. Limitations on Trust Director
§44D-8A-808. Duty and Liability of Trust Director
§44D-8A-809. Duty and Liability of Directed Trustee
§44D-8A-810. Duty to Provide Information to Trust Director or Trustee
§44D-8A-811. No Duty to Monitor, Inform, or Advise
§44D-8A-812. Application to Cotrustee
§44D-8A-813. Limitation of Action Against Trust Director
§44D-8A-814. Defenses in Action Against Trust Director
§44D-8A-815. Jurisdiction Over Trust Director