W. Va. Code § 44D-1-101
Short title
This chapter may be cited as the West Virginia Uniform Trust Code.
West Virginia Code Chapter 44D — Uniform Trust Code
West Virginia · statute · W. Va. Code ch. 44D · 146 active provisions
W. Va. Code § 44D-1-102
Scope
This chapter applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
W. Va. Code § 44D-1-103
Definitions
In this chapter: (1) "Action", with respect to an act of a trustee, includes a failure to act. (2) "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code. (3) "Beneficiary" me…
W. Va. Code § 44D-1-104
Knowledge
(a) Subject to subsection (b) of this section, a person has knowledge of a fact if the person: (1) Has actual knowledge of it; (2) Has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question, has reason to know it. (b) An organization that conduct…
W. Va. Code § 44D-1-105
Default and mandatory rules
(a) Except as otherwise provided in the terms of the trust instrument, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary. (b) The terms of a trust prevail over any provision of this chapter except: (1) The requirements for creating a trust;…
W. Va. Code § 44D-1-106
Common law of trusts; principles of equity
The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.
W. Va. Code § 44D-1-107
Governing law
The meaning and effect of the terms of a trust are determined by: (1) The law of the jurisdiction designated in the terms of the trust instrument, including terms which may provide for change of jurisdiction from time to time, unless the designation of that jurisdiction's law is contrary to a strong public policy of th…
W. Va. Code § 44D-1-108
Principal place of administration
(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if: (1) A trustee’s principal place of business is located in, or a trustee is a resident of the designated jurisdict…
W. Va. Code § 44D-1-109
Methods and waiver of notice
(a) Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail,…
W. Va. Code § 44D-1-110
Others treated as qualified beneficiaries
(a) Whenever notice to qualified or current beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice. (b) A charitable organization expressly designated to receive distributions under the terms of a charitable trus…
W. Va. Code § 44D-1-111
Nonjudicial settlement agreements
(a) For purposes of this section "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. (b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settle…
W. Va. Code § 44D-1-112
Rules of construction
The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
W. Va. Code § 44D-1-113
Insurable interest of trustee
(a) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy is issued: (1) The insured is: (A) A grantor of the t…
W. Va. Code § 44D-2-201
Role of court in administration of trust
(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. (b) A trust is not subject to continuing judicial supervision unless ordered by the court. (c) A judicial proceeding involving a trust may relate to any matter involving…
W. Va. Code § 44D-2-202
Jurisdiction over trustee and beneficiary
(a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust. (b) With respect to their inte…
W. Va. Code § 44D-2-203
Subject-matter jurisdiction
The court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.
W. Va. Code § 44D-2-204
Venue
(a) Except as otherwise provided in subsection (b) of this section, venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located unless the proceeding is to recover land, determine title to the land or subject it to a debt,…
W. Va. Code § 44D-3-301
Representation; basic effect
(a) Notice to a person who may represent and bind another person under this chapter has the same effect as if notice were given directly to the other person. (b) The consent of a person who may represent and bind another person under this chapter is binding on the person represented unless the person represented object…
W. Va. Code § 44D-3-302
Representation by holder of general testamentary power of appointment
To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subj…
W. Va. Code § 44D-3-303
Representation by fiduciaries and parents
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: (1) A conservator or guardian of the protected person may represent and bind the estate that the fiduciary controls; (2) An agent having…
W. Va. Code § 44D-3-304
Representation by person having substantially identical interest
Unless otherwise represented, a minor, incapacitated or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the e…
W. Va. Code § 44D-3-305
Appointment of representative
(a) If the court determines in a judicial proceeding that an interest is not represented under this chapter, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacita…
W. Va. Code § 44D-4-401
Methods of creating trust
(a) A trust may be created by: (1) Transfer of property to another person as trustee during the grantor's lifetime by the grantor or by will or by other disposition taking effect upon the grantor's death; (2) Declaration by the owner of property that the owner holds identifiable property as trustee; (3) Exercise of a p…
W. Va. Code § 44D-4-402
Requirement for creation
(a) Except as created by an order of the court, a trust is created only if: (1) The grantor has capacity to create a trust; (2) The grantor indicates an intention, in a trust instrument, to create the trust; (3) The trust has a definite beneficiary or is: (A) A charitable trust; (B) A trust for the care of an animal, a…
W. Va. Code § 44D-4-403
Trusts created in other jurisdictions
A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation: (1) The grantor was domiciled, had a place of abode, or was a national; (2) A trustee was domiciled or ha…
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