W. Va. Code § 44D-8B-18
Removal or replacement of authorized fiduciary
West Virginia · West Virginia Code Chapter 44D — Uniform Trust Code · Status: effective
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- Citation
- W. Va. Code § 44D-8B-18, Removal or replacement of authorized fiduciary, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2387181
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Full text
An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:
(1) The person holding the power consents to the modification in a signed record and the modification applies only to the person;
(2) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(3) The court approves the modification and the modification grants a substantially similar power to another person.