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WV Code § 44D-8-814 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-814. Discretionary Powers; Tax Savings

(a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust instrument, including the use of such terms as "absolute," "sole" or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the general and specific terms and purposes of the trust and the interests of the beneficiaries.(b) Subject to subsection (d) of this section, and unless the terms of the trust instrument expressly indicate that a rule in this subsection does not apply:(1) A person other than a grantor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and(2) A trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.(c) A power whose exercise is limited or prohibited by subsection (b) of this section may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court having jurisdiction may appoint a special fiduciary with authority to exercise the power.(d) Subsection (b) of this section does not apply to:(1) A power held by the grantor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or Section 2523(e) of the Internal Revenue Code;(2) Any trust during any period that the trust may be revoked or amended by its grantor; or(3) A trust if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the Internal Revenue Code.
WV Code § 44D-8-815 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-815. General Powers of Trustee

(a) A trustee, without authorization by the court having jurisdiction, may exercise:(1) Powers conferred by the terms of the trust instrument; or(2) Except as limited by the terms of the trust instrument:(A) All powers over the trust property which an unmarried competent owner has over individually owned property;(B) Any other powers appropriate to achieve the proper investment, management and distribution of the trust property; and (C) Any other powers conferred by this code.(b) The exercise of a power is subject to the fiduciary duties prescribed by this article.
WV Code § 44D-8-816 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-816. Specific Powers of Trustee

Without limiting the authority conferred by section eight hundred fifteen of this article, a trustee has the powers enumerated in the provisions of section three, article five-a, chapter forty-four of this code.
WV Code § 44D-8-817 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-817. Distribution Upon Termination

 (a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within sixty days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall have and exercise all powers appropriate to wind up the administration of the trust and shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses and taxes.(c) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:(1) It was induced by improper conduct of the trustee; or(2) The beneficiary, at the time of the release, did not know of the beneficiary’s rights or of the material facts relating to the breach.
WV Code § 44D-8A-801 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-801. Short Title

This article may be cited as the West Virginia Uniform Directed Trust Act.
WV Code § 44D-8A-802 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-802. Definitions

In addition to the definitions contained in 44D-1-103 of this code, as used in this article:(1) "Breach of trust" means a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this article, or law of this state, other than this article pertaining to trusts.(2) "Directed trust" means a trust for which the terms of the trust grant a power of direction.(3) "Directed trustee" means a trustee that is subject to a trust directors power of direction.(4) "Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in 44D-8A-501(b) of this code.(5) "Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or grantor of the trust.(6) "Knowingly" means known by the trustee based on the contents of the direction and any information provided by the trust director to the trustee. (7) "Willful misconduct" means intentional malicious conduct or conduct intentionally designed to defraud or seek an unconscionable advantage and which is not mere negligence, gross negligence, or recklessness.
WV Code § 44D-8A-803 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-803. Application; Principal Place of Administration

The provisions of the West Virginia Uniform Directed Trust Act apply to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:(a) If the trust was created before the effective date of this article, this article applies only to a decision or action occurring on or after the effective date of this article.(b) If the principal place of administration of the trust is changed to this state on or after the effective date of this article, this article applies only to a decision or action occurring on or after the date of the change.
WV Code § 44D-8A-804 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-804. Common Law and Principles of Equity

The common law and principles of equity supplement this article, except to the extent modified by this article or law of this state other than this article.
WV Code § 44D-8A-805 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-805. Exclusions

(a) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.(b) This article does not apply to a:(1) Power of appointment;(2) Power to appoint or remove a trustee or trust director;(3) Power of a grantor over a trust to the extent the grantor has a power to revoke the trust;(4) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:(A) The beneficiary; or(B) Another beneficiary represented by the beneficiary under 44D-3-301, 44D-3-302, 44D-3-303, 44D-3-304, and 44D-3-305 of this code with respect to the exercise or nonexercise of the power; or(5) Power over a trust if:(A) The terms of the trust provide that the power is held in a nonfiduciary capacity; and(B) The power must be held in a nonfiduciary capacity to achieve the grantors tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder.(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
WV Code § 44D-8A-806 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-806. Powers of Trust Director

(a) Subject to 44D-8A-807 of this code, the terms of a trust may grant a power of direction to a trust director.(b) Unless the terms of a trust provide otherwise:(1) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a) of this section; and(2) Trust directors with joint powers must act by majority decision.
WV Code § 44D-8A-807 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-807. Limitations on Trust Director

A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under 44D-8A-806(b)(1) of this code regarding:(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A) and regulations issued thereunder; and(2) A charitable interest in the trust, including notice regarding the interest to the Attorney General of the State of West Virginia.
WV Code § 44D-8A-808 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-808. Duty and Liability of Trust Director

(a) Subject to subsection (b) of this section, with respect to a power of direction or further power under 44D-8A-806(b)(1) of this code:(1) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:(A) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or(B) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and(2) The terms of the trust may vary the directors duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than in 44D-8A-801 et seq. of this code to provide health care in the ordinary course of the directors business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this article.(c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
WV Code § 44D-8A-809 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-809. Duty and Liability of Directed Trustee

(a) Subject to subsection (b) of this section, a directed trustee shall take reasonable action to comply with a trust directors exercise or nonexercise of a power of direction or further power under 44D-8A-806(b)(1) of this code, and the trustee is not liable for the action.(b) A directed trustee must not comply with a trust directors exercise or nonexercise of a power of direction or further power under 44D-8A-806(b)(1) of this code to the extent that the directed trustee is thereby directed knowingly to violate the laws or regulations of any jurisdiction applicable to the trust. The directed trustee may reasonably rely upon the advice of legal counsel to determine what actions would be consistent with, or contrary to, applicable law. Reasonable expenses incurred by the directed trustee in good faith for legal advice concerning an instruction from a trust director or a petition to the court for instructions shall be proper expenses of the trust.(c) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:(1) The breach involved the trustees or other directors breach of fiduciary duty as set forth in subsection (b) of this section;(2) The release was induced by improper conduct of the trustee or other director in procuring the release; or(3) At the time of the release, the director did not know the material facts relating to the breach.(d) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.(e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
WV Code § 44D-8A-810 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-810. Duty to Provide Information to Trust Director or Trustee

(a) Subject to 44D-8A-811 of this code, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:(1) The powers or duties of the trustee; and(2) The powers or duties of the director.(b) Subject to 44A-8A-811 of this code, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:(1) The powers or duties of the director; and(2) The powers or duties of the trustee or other director.(c) A trustee that acts in reliance upon information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.(d) A trust director that acts in reliance upon information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
WV Code § 44D-8A-811 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-811. No Duty to Monitor, Inform, or Advise

(a) Unless the terms of a trust provide otherwise:(1) A trustee does not have a duty to:(A) Monitor a trust director; or(B) Inform or give advice to a grantor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and(2) By taking an action described in 44D-8A-811(a)(1) of this code, a trustee does not assume the duty excluded by 44D-8A-811(a)(1) of this code.(b) Unless the terms of a trust provide otherwise:(1) A trust director does not have a duty to:(A) Monitor a trustee or another trust director; or(B) Inform or give advice to a grantor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and(2) By taking an action described in 44D-8A-811(b)(1) of this code, a trust director does not assume the duty excluded by 44D-8A-811(b)(1) of this code.
WV Code § 44D-8A-812 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-812. Application to Cotrustee

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustees exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust directors power of direction under 44D-8A-809, 44D-8A-810, and 44D-8A-811 of this code.
WV Code § 44D-8A-813 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-813. Limitation of Action Against Trust Director

(a) An action against a trust director for breach of trust must be commenced within the same limitation period as provided in 44D-10-1005 of this code for an action for breach of trust against a trustee in a like position and under similar circumstances.(b) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under 44D-10-1005 of this code in an action for breach of trust against a trustee in a like position and under similar circumstances.
WV Code § 44D-8A-814 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-814. Defenses in Action Against Trust Director

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
WV Code § 44D-8A-815 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-815. Jurisdiction Over Trust Director

(a) By accepting appointment as a trust director of a trust subject to this article, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.(b) 44D-8A-815 of this code does not preclude other methods of obtaining jurisdiction over a trust director.
WV Code § 44D-8A-816 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-816. Office of Trust Director

Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:(1) Acceptance under 44D-7-701 of this code;(2) Giving of bond to secure performance under 44D-7-702 of this code;(3) Reasonable compensation under 44D-7-708 of this code;(4) Resignation under 44D-7-705 of this code;(5) Removal under 44D-7-706 of this code; and(6) Vacancy and appointment of successor under 44D-7-704 of this code.
WV Code § 44D-8A-817 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8A. West Virginia Uniform Directed Trust Act|§44D-8A-817. Effective Date

This article takes effect on July 1, 2020.
WV Code § 44D-8B-1 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8B. West Virginia Uniform Trust Decanting Act|§44D-8B-1. Short Title

This article may be cited as the West Virginia Uniform Trust Decanting Act.
WV Code § 44D-8B-3 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8B. West Virginia Uniform Trust Decanting Act|§44D-8B-3. Scope

(a) Except as otherwise provided in subsections (b) and (c) of this section, this article applies to an express trust that is irrevocable or revocable by the grantor only with the consent of the trustee or a person holding an adverse interest.(b) This article does not apply to a trust held solely for charitable purposes.(c) Subject to 44D-8B-15 of this code, a trust instrument may restrict or prohibit exercise of the decanting power.(d) This article does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than this article, common law, a court order, or a nonjudicial settlement agreement.(e) This article does not affect the ability of a grantor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
WV Code § 44D-8B-4 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8B. West Virginia Uniform Trust Decanting Act|§44D-8B-4. Fiduciary Duty

(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.(b) This article does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this article.(c) Except as otherwise provided in a first-trust instrument, for purposes of this article and 44D-8-1 and 44D-8-2(a) of this code, the terms of the first trust are considered to include the decanting power.
WV Code § 44D-8B-5 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8B. West Virginia Uniform Trust Decanting Act|§44D-8B-5. Application; Governing Law

 This article applies to a trust created before, on, or after the effective date of this article which:(1) Has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or(2) Provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of:(A) Administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state;(B) Construction of terms of the trust; or(C) Determining the meaning or effect of terms of the trust.
WV Code § 44D-8B-6 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8B. West Virginia Uniform Trust Decanting Act|§44D-8B-6. Reasonable Reliance

A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this article, law of this state other than this article, or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.