§44D-8A-814. Defenses in Action Against Trust Director
In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
§44D-8A-815. Jurisdiction Over Trust Director
(a) By accepting appointment as a trust director of a trust subject to this article, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director. (b) 44D-8A-815 of this code does not preclude other methods of obtaining jurisdiction over a trust […]
§44D-8A-816. Office of Trust Director
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters: (1) Acceptance under 44D-7-701 of this code;
§44D-8A-817. Effective Date
This article takes effect on July 1, 2020.
§44D-8A-811. No Duty to Monitor, Inform, or Advise
(a) Unless the terms of a trust provide otherwise: (1) A trustee does not have a duty to:
§44D-8A-812. Application to Cotrustee
The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustees exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust directors power of direction […]
§44D-8A-813. Limitation of Action Against Trust Director
(a) An action against a trust director for breach of trust must be commenced within the same limitation period as provided in 44D-10-1005 of this code for an action for breach of trust against a trustee in a like position and under similar circumstances. (b) A report or accounting has the same effect on the […]
§44D-8A-801. Short Title
This article may be cited as the West Virginia Uniform Directed Trust Act.
§44D-8A-802. Definitions
In addition to the definitions contained in 44D-1-103 of this code, as used in this article: (1) “Breach of trust” means a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this article, or law of this state, other than this article […]
§44D-8A-803. Application; Principal Place of Administration
The provisions of the West Virginia Uniform Directed Trust Act apply to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules: (a) If the trust was created before the effective date of this article, this article applies only to a decision or action occurring on […]