§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-8B-1. Short Title
This article may be cited as the West Virginia Uniform Trust Decanting Act.
§44D-8B-2. Definitions
In addition to the definitions contained in 44D-1-103 of this code which apply to this article: (1) “Appointive property” means the property or property interest subject to a power of appointment.
§44D-8B-3. Scope
(a) Except as otherwise provided in subsections (b) and (c) of this section, this article applies to an express trust that is irrevocable or revocable by the grantor only with the consent of the trustee or a person holding an adverse interest. (b) This article does not apply to a trust held solely for charitable […]
§44D-8A-805. Exclusions
(a) In this section, “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (b) This article does not apply to a: (1) Power of appointment;
§44D-8A-806. Powers of Trust Director
(a) Subject to 44D-8A-807 of this code, the terms of a trust may grant a power of direction to a trust director. (b) Unless the terms of a trust provide otherwise: (1) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director […]
§44D-8A-807. Limitations on Trust Director
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under 44D-8A-806(b)(1) of this code regarding: (1) A payback provision in the terms of a trust necessary to comply with the reimbursement […]