West Virginia Code
Chapter 44D. Uniform Trust Code

§44D-3-304. Representation by Person Having Substantially Identical Interest - Unless otherwise represented, a minor, incapacitated or unborn individual, or...

§44D-3-305. Appointment of Representative - (a) If the court determines in a judicial proceeding that...

Article 4. Creation, Validity, Modification and Termination of Trust

§44D-4-401. Methods of Creating Trust - (a) A trust may be created by: (1) Transfer of...

§44D-4-402. Requirement for Creation - (a) Except as created by an order of the court,...

§44D-4-403. Trusts Created in Other Jurisdictions - A trust not created by will is validly created if...

§44D-4-404. Trust Purposes - A trust may be created only to the extent its...

§44D-4-405. Charitable Purposes; Enforcement - (a) A charitable trust may be created for the relief...

§44D-4-406. Creation of Trust Induced by Fraud, Duress or Undue Influence - A trust is void to the extent its creation was...

§44D-4-407. Oral Trusts Unenforceable - Oral trusts are unenforceable in this state.

§44D-4-408. Trust for Care of Animal - (a) A trust may be created to provide for the...

§44D-4-409. Noncharitable Trust Without Ascertainable Beneficiary - Except as otherwise provided in section four hundred eight of...

§44D-4-410. Modification or Termination of Trust; Proceedings for Approval or Disapproval - (a) In addition to the methods of termination prescribed by...

§44D-4-411. Modification or Termination of Noncharitable Irrevocable Trust by Consent - (a) If, upon petition, the court finds that the grantor...

§44D-4-412. Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively - (a) The court may modify the administrative or dispositive terms...

§44D-4-413. Cy Pres - (a) Except as otherwise provided in subsection (b) of this...

§44D-4-414. Modification or Termination of Uneconomic Trust - (a) After notice to the qualified beneficiaries, the trustee of...

§44D-4-415. Reformation to Correct Mistakes - The court may reform the terms of a trust, even...

§44D-4-416. Modification to Achieve Grantor's Tax Objectives - To achieve the grantor's tax objectives, the court may modify...

§44D-4-417. Combination and Division of Trusts - After notice to the qualified beneficiaries, a trustee may combine...

Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts

§44D-5-501. Rights of Beneficiary's Creditor or Assignee - To the extent a beneficiary's interest is not subject to...

§44D-5-502. Spendthrift Provision - (a) A spendthrift provision contained in a trust instrument is...

§44D-5-503. Exceptions to Spendthrift Provision - (a) In this section, "child" includes any person for whom...

§44D-5-503a..Self-settled. Spendthrift Trusts - (a) A grantor may transfer assets to a qualified self-settled...

§44D-5-503b. Definitions - As used in this article, unless the context requires a...

§44D-5-503c. Vacancies; Revocability of Trust; Right to Withdraw - (a) A vacancy in the position of qualified trustee that...

§44D-5-504. Discretionary Trusts; Effect of Standard - (a) In this section, "child" includes any person for whom...

§44D-5-505. Creditor’s Claim Against Grantor - (a) Whether or not the terms of a trust instrument...

§44D-5-506. Overdue Distribution - (a) In this section, "mandatory distribution" means a distribution of...

§44D-5-507. Personal Obligations of Trustee - Trust property is not subject to personal obligations of the...

Article 6. Revocable Trusts

§44D-6-601. Capacity of Grantor of Revocable Trust - The capacity required to create, amend, revoke or add property...

§44D-6-602. Revocation or Amendment of Revocable Trust - (a) Unless the terms of a trust expressly provide that...

§44D-6-603. Grantor S Powers; Powers of Withdrawal - (a) While a trust is revocable and the grantor has...

§44D-6-604. Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust Property - (a) (1) An interested person may commence a judicial proceeding...

Article 7. Office of the Trustee

§44D-7-701. Accepting or Declining Trusteeship - (a) Except as otherwise provided in subsection (c) of this...

§44D-7-702. Trustee's Bond - (a) A trustee shall give bond to secure performance of...

§44D-7-703. Cotrustees - (a) Unless otherwise provided in the terms of the trust...

§44D-7-704. Vacancy in Trusteeship; Appointment of Successor - (a) A vacancy in a trusteeship occurs if: (1) A...

§44D-7-705. Resignation of Trustee - (a) Unless otherwise provided in the terms of the trust...

§44D-7-706. Removal of Trustee - (a) The grantor, a cotrustee or a beneficiary may upon...

§44D-7-707. Delivery of Property by Former Trustee - (a) Unless a cotrustee remains in office or the court...

§44D-7-708. Compensation of Trustee - (a) If the terms of the trust instrument do not...

§44D-7-709. Reimbursement of Expenses - (a) A trustee is entitled to be reimbursed out of...

Article 8. Duties and Powers of Trustee

§44D-8-801. Duty to Administer Trust - Upon acceptance of a trusteeship, the trustee shall administer the...

§44D-8-802. Duty of Loyalty - (a) A trustee shall administer the trust solely in the...

§44D-8-803. Impartiality - If a trust has two or more beneficiaries, the trustee...

§44D-8-804. Prudent Administration - A trustee shall administer the trust as a prudent person...

§44D-8-805. Costs of Administration - In administering a trust, the trustee may incur only costs...

§44D-8-806. Trustee's Skills - A trustee who has special skills or expertise, or is...

§44D-8-807. Delegation by Trustee - (a) A trustee may delegate duties and powers that a...

§44D-8-808. Powers to Direct - The terms of a trust instrument which confer upon a...

§44D-8-809. Control and Protection of Trust Property - A trustee shall take reasonable steps to take control of...

§44D-8-810. Recordkeeping and Identification of Trust Property - (a) A trustee shall keep adequate records of the administration...

§44D-8-811. Enforcement and Defense of Claims - A trustee shall take reasonable steps to enforce claims of...

§44D-8-812. Collecting Trust Property - A trustee shall take reasonable steps to compel a former...

§44D-8-813. Duty to Inform and Report - (a) A trustee shall keep the current beneficiaries of the...

§44D-8-814. Discretionary Powers; Tax Savings - (a) Notwithstanding the breadth of discretion granted to a trustee...

§44D-8-815. General Powers of Trustee - (a) A trustee, without authorization by the court having jurisdiction,...

§44D-8-816. Specific Powers of Trustee - Without limiting the authority conferred by section eight hundred fifteen...

§44D-8-817. Distribution Upon Termination - (a) Upon termination or partial termination of a trust, the...

Article 8A. West Virginia Uniform Directed Trust Act

§44D-8A-801. Short Title - This article may be cited as the West Virginia Uniform...

§44D-8A-802. Definitions - In addition to the definitions contained in 44D-1-103 of this...

§44D-8A-803. Application; Principal Place of Administration - The provisions of the West Virginia Uniform Directed Trust Act...

§44D-8A-804. Common Law and Principles of Equity - The common law and principles of equity supplement this article,...

§44D-8A-805. Exclusions - (a) In this section, "power of appointment" means a power...

§44D-8A-806. Powers of Trust Director - (a) Subject to 44D-8A-807 of this code, the terms of...

§44D-8A-807. Limitations on Trust Director - A trust director is subject to the same rules as...

§44D-8A-808. Duty and Liability of Trust Director - (a) Subject to subsection (b) of this section, with respect...

§44D-8A-809. Duty and Liability of Directed Trustee - (a) Subject to subsection (b) of this section, a directed...

§44D-8A-810. Duty to Provide Information to Trust Director or Trustee - (a) Subject to 44D-8A-811 of this code, a trustee shall...

§44D-8A-811. No Duty to Monitor, Inform, or Advise - (a) Unless the terms of a trust provide otherwise: (1)...

§44D-8A-812. Application to Cotrustee - The terms of a trust may relieve a cotrustee from...

§44D-8A-813. Limitation of Action Against Trust Director - (a) An action against a trust director for breach of...

§44D-8A-814. Defenses in Action Against Trust Director - In an action against a trust director for breach of...

§44D-8A-815. Jurisdiction Over Trust Director - (a) By accepting appointment as a trust director of a...

§44D-8A-816. Office of Trust Director - Unless the terms of a trust provide otherwise, the rules...

§44D-8A-817. Effective Date - This article takes effect on July 1, 2020.

Article 8B. West Virginia Uniform Trust Decanting Act

§44D-8B-1. Short Title - This article may be cited as the West Virginia Uniform...

§44D-8B-2. Definitions - In addition to the definitions contained in 44D-1-103 of this...

§44D-8B-3. Scope - (a) Except as otherwise provided in subsections (b) and (c)...

§44D-8B-4. Fiduciary Duty - (a) In exercising the decanting power, an authorized fiduciary shall...

§44D-8B-5. Application; Governing Law - This article applies to a trust created before, on, or...

§44D-8B-6. Reasonable Reliance - A trustee or other person that reasonably relies on the...

§44D-8B-7. Notice; Exercise of Decanting Power - (a) In this section, a notice period begins on the...

§44D-8B-8. Representation - (a) Notice to a person with authority to represent and...

§44D-8B-9. Court Involvement - (a) On application of an authorized fiduciary, a person entitled...

§44D-8B-10. Formalities - An exercise of the decanting power must be made in...

§44D-8B-11. Decanting Power Under Expanded Distributive Discretion - (a) In this section: (1) "Noncontingent right" means a right...

§44D-8B-12. Decanting Power Under Limited Distributive Discretion - (a) In this section, "limited distributive discretion" means a discretionary...

§44D-8B-13. Trust for Beneficiary With Disability - (a) In this section: (1) "Beneficiary with a disability" means...

§44D-8B-14. Protection of Charitable Interest - (a) In this section: (1) "Determinable charitable interest" means a...

§44D-8B-15. Trust Limitation on Decanting - (a) An authorized fiduciary may not exercise the decanting power...

§44D-8B-16. Change in Compensation - (a) If a first-trust instrument specifies an authorized fiduciarys compensation,...

§44D-8B-17. Relief From Liability and Indemnification - (a) Except as otherwise provided in this section, a second-trust...

§44D-8B-18. Removal or Replacement of Authorized Fiduciary - An authorized fiduciary may not exercise the decanting power to...

§44D-8B-19. Tax-Related Limitations - (a) In this section: (1) "Grantor trust" means a trust...

§44D-8B-20. Duration of Second Trust - (a) Subject to subsection (b) of this section, a second...

§44D-8B-21. Need to Distribute Not Required - An authorized fiduciary may exercise the decanting power whether or...

§44D-8B-22. Saving Provision - (a) If exercise of the decanting power would be effective...

§44D-8B-23. Trust for Care of Animal - (a) In this section: (1) "Animal trust" means a trust...

§44D-8B-24. Terms of Second Trust - Any reference in this chapter to a trust instrument or...

§44D-8B-25. Grantor - (a) For purposes of law of this state other than...

§44D-8B-26. Later-Discovered Property - (a) Except as otherwise provided in subsection (c) of this...

§44D-8B-27. Obligations - A debt, liability, or other obligation enforceable against property of...

§44D-8B-28. Uniformity of Application and Construction - In applying and construing this uniform act, consideration must be...

§44D-8B-29. Relation to Electronic Signatures in Global and National Commerce Act - This article modifies, limits, or supersedes the Electronic Signatures in...

§44D-8B-30. Severability - If any provision of this article or its application to...

§44D-8B-31. Effective Date - This article takes effect on July 1, 2020.

Article 9. Uniform Prudent Investor Act

§44D-9-901. Uniform Prudent Investor Act - The Uniform Prudent Investor Act is contained in article six-c,...

Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee

§44D-10-1001. Remedies for Breach of Trust - (a) A violation by a trustee of a duty the...

§44D-10-1002. Damages for Breach of Trust - (a) A trustee who commits a breach of trust is...

§44D-10-1003. Damages in Absence of Breach - Absent a breach of trust, a trustee is not liable...

§44D-10-1004. Attorney's Fees and Costs - In a judicial proceeding involving the administration of a trust,...

§44D-10-1005. Limitation of Action Against Trustee - (a) A beneficiary may not commence a proceeding against a...

§44D-10-1006. Reliance on Trust Instrument - A trustee who acts in reasonable reliance on the terms...

§44D-10-1007. Event Affecting Administration or Distribution - If the happening of an event, including, but not limited...

§44D-10-1008. Exculpation of Trustee - (a) A term of a trust instrument relieving a trustee...

§44D-10-1009. Beneficiary's Consent, Release or Ratification - (a) A trustee is not liable to a beneficiary for...

§44D-10-1010. Limitation on Personal Liability of Trustee - (a) Except as otherwise provided in the contract, a trustee...

§44D-10-1011. Interest as General Partner - (a) Except as otherwise provided in subsection (c) of this...

§44D-10-1012. Protection of Person Dealing With Trustee - (a) A person other than a beneficiary who in good...

§44D-10-1013. Certification of Trust - (a) Instead of furnishing a copy of the trust instrument...

Article 11. Miscellaneous Provisions

§44D-11-1101. Uniformity of Application and Construction - In applying and construing this chapter, consideration shall be given...

§44D-11-1102. Electronic Records and Signatures - The provisions of this chapter governing the legal effect, validity...

§44D-11-1103. Severability Clause - If any provision of this chapter or its application to...

§44D-11-1104. Effective Date - This chapter takes effect on July 1, 2011.

§44D-11-1105. Application to Existing Relationships - (a) Except as otherwise provided in this chapter: (1) This...

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West Virginia Code Chapter 44D. Uniform Trust Code

West Virginia Code
Chapter 44D. Uniform Trust Code