An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by 44D-8B-7 of this code, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 8B. West Virginia Uniform Trust Decanting Act
§44D-8B-5. Application; Governing Law
§44D-8B-6. Reasonable Reliance
§44D-8B-7. Notice; Exercise of Decanting Power
§44D-8B-11. Decanting Power Under Expanded Distributive Discretion
§44D-8B-12. Decanting Power Under Limited Distributive Discretion
§44D-8B-13. Trust for Beneficiary With Disability
§44D-8B-14. Protection of Charitable Interest
§44D-8B-15. Trust Limitation on Decanting
§44D-8B-16. Change in Compensation
§44D-8B-17. Relief From Liability and Indemnification
§44D-8B-18. Removal or Replacement of Authorized Fiduciary
§44D-8B-19. Tax-Related Limitations
§44D-8B-20. Duration of Second Trust
§44D-8B-21. Need to Distribute Not Required
§44D-8B-23. Trust for Care of Animal
§44D-8B-24. Terms of Second Trust
§44D-8B-26. Later-Discovered Property
§44D-8B-28. Uniformity of Application and Construction
§44D-8B-29. Relation to Electronic Signatures in Global and National Commerce Act