West Virginia Code
Chapter 44D. Uniform Trust Code
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.