§44-5A-1. Definition
As used in this article, the term “fiduciary” means the one or more executors of the estate of a decedent, or the one or more trustees of a testamentary or inter vivos trust estate, whichever in a particular case is appropriate.
§44-5A-2. Incorporation by Reference of Enumerated Powers by Testator; Restriction on Exercise of Powers
(a) After June 30, 2011, by an intention of the testator expressed in a will, any or all of the powers or any portion of the powers enumerated in section three of this article, as they exist at the time of the signing of the will by the testator may be, by appropriate reference made […]
§44-5A-3. Powers Which May Be Incorporated by Reference in Trust Instrument
The following powers may be incorporated by reference by a testator in the will as provided in section two of this article and the following powers apply without the need for incorporation by reference to trustees who are governed by the provisions of the West Virginia Uniform Trust Code in chapter forty-four-d of this code: […]
§44-5A-4. Designation of Testamentary Trustee as Beneficiary of Insurance
A policy of life insurance may contain a designation of a beneficiary, a trustee or trustees named or to be named by will, if the designation is made in accordance with the provisions of the policy and the requirements of the insurer. The proceeds of the insurance shall be paid to the trustee or trustees […]
§44-5A-5. Distribution of Assets in Satisfaction of Pecuniary Bequests; Authority of Fiduciaries to Enter Into Certain Agreements; Validating Certain Agreements; Providing for Discretionary Division of Trusts for Tax, Administrative or Other Purposes
(a) Where a will, trust or other governing instrument authorizes or directs the fiduciary to satisfy wholly or partly in kind a pecuniary bequest or a separate trust to be funded by a pecuniary amount or formula unless the will, trust or other governing instrument expressly provides otherwise, the assets selected by the fiduciary for […]
§44-5A-6. Restrictions on Exercise of Power for Fiduciary’ Benefit
(a) A power conferred upon a person in his or her capacity as fiduciary to make discretionary distributions of principal or income to himself or herself or to make discretionary allocations in his or her favor of receipts or expenses between income and principal cannot be exercised by him or her. If the power is […]
§44-5A-7. Powers of Fiduciaries Regarding Environmental Laws
(a) For purposes of this section: (1) “Environmental law” means any federal, state or local law, rule, regulation or ordinance relating to the regulation of hazardous substances or hazardous wastes, air pollution, water pollution and underground storage tanks;