West Virginia Code
Article 8B. West Virginia Uniform Trust Decanting Act
§44D-8B-9. Court Involvement

(a) On application of an authorized fiduciary, a person entitled to notice under 44D-8B-7(c) of this code, a beneficiary, or with respect to a charitable interest any other person that has standing to enforce the charitable interest, the court may:
(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary;
(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this article and to exercise the decanting power;
(3) Approve an exercise of the decanting power;
(4) Determine that a proposed or attempted exercise of the decanting power is ineffective because:
(A) After applying 44D-8B-22 of this code, the proposed or attempted exercise does not, or did not, comply with this article; or
(B) The proposed or attempted exercise would be or was an abuse of the fiduciarys discretion or a breach of fiduciary duty;
(5) Determine the extent to which 44D-8B-22 of this code applies to a prior exercise of the decanting power;
(6) Provide instructions to the trustee regarding the application of 44D-8B-22 of this code to a prior exercise of the decanting power; or
(7) Order other relief to carry out the purposes of this article.
(b) On application of an authorized fiduciary, the court may approve:
(1) An increase in the fiduciarys compensation under 44D-8B-16 of this code; or
(2) A modification under 44D-8B-18 of this code of a provision granting a person the right to remove or replace the fiduciary.

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