An authorized fiduciary may exercise the decanting power whether or not under the first trusts discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
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