W. Va. Code § 44D-10-1009
Beneficiary's consent, release or ratification
West Virginia · West Virginia Code Chapter 44D — Uniform Trust Code · Status: effective
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- Citation
- W. Va. Code § 44D-10-1009, Beneficiary's consent, release or ratification, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2387206
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Full text
(a) A trustee is not liable to a beneficiary for breach of trust if the beneficiary, while having capacity, consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
(1) The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) At the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
(b) A beneficiary is also bound to the extent an approval is given by a person authorized to represent the beneficiary as provided in article three of this chapter.