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WV Code § 44C-5-3 (2021)
2021 West Virginia Code|Chapter 44C. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Article 5. Miscellaneous Provisions|§44C-5-3. Transitional Provision

(a) This act applies to guardianship and protective proceedings begun on or after the effective date of this chapter as enacted by the seventy-ninth Legislature of West Virginia in 2009.(b) Articles one, three and four and sections five hundred one and five hundred two of this article apply to proceedings begun before the effective date, regardless of whether a guardianship or protective order has been issued.
WV Code § 44D-1-101 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§44D-1-101. Short Title

This chapter may be cited as the West Virginia Uniform Trust Code.
WV Code § 44D-1-102 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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.
WV Code § 44D-1-104 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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 conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
WV Code § 44D-1-105 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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;(2) The duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust but subject to the provisions of 44D-8A-809, 44D-8A-811, and 44D-8A-812 of this code;(3) The requirement that a trust and its terms have a purpose that is lawful, not contrary to public policy, and possible to achieve;(4) The power of the court to modify or terminate a trust under 44D-4-410 through 44D-4-416, inclusive, of this code;(5) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in 44D-5-501 et seq. of this code;(6) The power of the court under 44D-7-702 of this code to require, dispense with, or modify or terminate a bond;(7) The power of the court under 44D-7-708(b) of this code to adjust a trustees compensation specified in the terms of the trust instrument which is unreasonably low or high;(8) The effect of an exculpatory term under 44D-10-1008 of this code;(9) The rights under 44D-10-1010 through 44D-10-1013, inclusive, of this code of a person other than a trustee or beneficiary;(10) Periods of limitation for commencing a judicial proceeding;(11) The power of the court to take action and exercise jurisdiction as may be necessary in the interests of justice; and(12) The subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in 44D-2-203 and 44D-2-204 of this code.
WV Code § 44D-1-106 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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.
WV Code § 44D-1-107 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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 the jurisdiction having the most significant relationship to the matter at issue; or(2) In the absence of a controlling designation in the terms of the trust instrument, the law of the jurisdiction in which the grantor is domiciled when the trust becomes irrevocable.
WV Code § 44D-1-108 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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 trustees principal place of business is located in, or a trustee is a resident of the designated jurisdiction; (2) A trust directors principal place of business is located in, or a trust director is a resident of the designated jurisdiction; or(3) All or part of the administration occurs in the designated jurisdiction.(b) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee may transfer the trusts principal place of administration to another state or to a jurisdiction outside of the United States that is appropriate to the trusts purposes, its administration, and the interests of the beneficiaries.(c) When the proposed transfer of a trusts principal place of administration is to another state or to a jurisdiction outside of the United States, the trustee shall notify the current beneficiaries of a proposed transfer of a trusts principal place of administration not less than 60 days before initiating the transfer. A corporate trustee that maintains a place of business in West Virginia where one or more trust officers are available on a regular basis for personal contact with trust customers and beneficiaries has not transferred its principal place of administration merely because all or a significant portion of the administration of the trust is performed outside West Virginia. The notice of proposed transfer must include:(1) The name of the jurisdiction to which the principal place of administration is to be transferred;(2) The address and telephone number at the new location at which the trustee can be contacted;(3) An explanation of the reasons for the proposed transfer;(4) The date on which the proposed transfer is anticipated to occur; and(5) The date, not less than 60 days after the giving of the notice, by which the current beneficiary must notify the trustee of an objection to the proposed transfer.(d) The authority of a trustee under this section to transfer a trusts principal place of administration to another state or to a jurisdiction outside the United States terminates if a current beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.(e) In connection with a transfer of the trusts principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust instrument or appointed pursuant to 44D-7-704 of this code.
WV Code § 44D-1-109 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.(b) Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.(c) Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.(d) Notice of a judicial proceeding shall be given as provided in the applicable rules of civil procedure.
WV Code § 44D-1-110 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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 trust has the rights of a qualified beneficiary under this chapter.(c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section four hundred eight or four hundred nine, article four of this chapter has the rights of a qualified beneficiary under this chapter.
WV Code § 44D-1-111 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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 settlement agreement with respect to any matter involving a trust, including, but not limited to:(1) The interpretation or construction of the terms of the trust;(2) The approval of a trustee's report or accounting or waiver of the preparation of a trustee's report or accounting;(3) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;(4) The resignation or appointment of a trustee and the determination of a trustee's compensation;(5) Transfer of a trust's principal place of administration; (6) Liability or release from liability of a trustee for an action relating to the trust;(7) Questions relating to the property or an interest in property held as part of a trust;(8) An investment decision, policy, plan or program of the trustee;(9) The grant to a trustee of any necessary or desirable power;(10) The exercise or nonexercise of any power by a trustee;(11) An action or proposed action by or against a trust or trustee;(12) The modification or termination of a trust; and(13) Any other matter concerning the administration of a trust.(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.(d) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in article three of this chapter was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
WV Code § 44D-1-112 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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.
WV Code § 44D-1-113 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 1. General Provisions and Definitions|§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 trust; or(B) An individual in whom a grantor of the trust has, or would have had if living at the time the policy was issued, an insurable interest as provided by the provisions of section two, article six, chapter thirty-three of this code; and(2) The life insurance proceeds are primarily for the benefit of one or more trust beneficiaries that have an insurable interest in the life of the insured as provided by the provisions of section two, article six, chapter thirty-three of this code.(b) For purposes of this section, the term “grantor” means a person that executes a trust instrument. The term includes a person for which a fiduciary or agent is acting.
WV Code § 44D-2-201 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 2.  Judicial Proceedings|§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 the trust's administration, including a request for instructions and an action to declare rights.
WV Code § 44D-2-202 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 2.  Judicial Proceedings|§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 interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from the trust.
WV Code § 44D-2-203 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 2.  Judicial Proceedings|§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.
WV Code § 44D-2-204 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 2.  Judicial Proceedings|§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, determine the county where the land or any part may be, or, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.(b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, or if the trust is created by will, in the county in which the decedent's estate was or is being administered.
WV Code § 44D-3-301 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 3. Representation|§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 objects to the representation by notifying the trustee or the representative before the consent would otherwise have become effective.(c) Except as otherwise provided in section four hundred eleven, article four of this chapter, and section six hundred two, article six of this chapter, a person who under this article may represent a grantor who lacks capacity may receive notice and give a binding consent on the grantor's behalf.(d) A grantor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust under subsection (a), section four hundred eleven, article four of this chapter.
WV Code § 44D-3-302 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 3. Representation|§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 subject to the power.
WV Code § 44D-3-303 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 3. Representation|§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 authority to act with respect to the particular question or dispute may represent and bind the principal;(3) A trustee may represent and bind the beneficiaries of the trust;(4) A personal representative of a decedent's estate may represent and bind persons interested in the estate;(5) A parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed; and(6) If a minor or unborn person is not otherwise represented under this section, a grandparent or more remote ancestor may represent and bind that minor or unborn person.
WV Code § 44D-3-304 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 3. Representation|§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 extent there is no conflict of interest with respect to the particular question or dispute between the representative and the person represented.
WV Code § 44D-3-305 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 3. Representation|§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, incapacitated or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.(b) A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.(c) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.
WV Code § 44D-4-401 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§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 power of appointment in favor of a trustee; or(4) An order of the court.(b) During the grantor's lifetime, a trust may also be created by the grantor's agent acting in accordance with authority granted under a durable power of attorney which expressly authorizes the agent to create a trust on the grantor's behalf or which expressly authorizes the agent to fund an existing trust of the grantor on the grantor's behalf.
WV Code § 44D-4-402 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§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 writing, 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, as provided in section four hundred eight of this article; or(C) A trust for a noncharitable purpose, as provided in section four hundred nine, article four of this chapter;(4) The trustee has duties to perform; and(5) The same person is not the sole trustee and sole beneficiary.(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.(d) Notwithstanding the foregoing:(1) In accordance with the provisions of section eight, article three of chapter forty-one of this code, a trust is valid regardless of the existence, value or character of the corpus of the trust.(2) The grantor need not have capacity to create a trust if the trust is created in writing during the grantor's lifetime by the grantor's agent acting in accordance with authority granted under a durable power of attorney which expressly authorizes the agent to create a trust on the grantor's behalf.(e) A trust is not invalid or terminated, and title to trust assets is not merged, because the trustee or trustees are the same person or persons as the beneficiaries of the trust.