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WV Code § 44D-4-403 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§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 had a place of business; or (3) Any trust property was located.
WV Code § 44D-4-404 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-404. Trust Purposes

A trust may be created only to the extent its purposes are lawful, not contrary to public policy and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.
WV Code § 44D-4-405 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-405. Charitable Purposes; Enforcement

(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes the achievement of which is beneficial to the community.(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, upon petition by the trustee or a person having a special interest in the trust, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the grantor’s intention to the extent it can be ascertained.(c) The grantor of a charitable trust, trustee or a person having a special interest in the trust, may maintain a proceeding to enforce the trust.(d) This section is not intended to override the provisions of section four, article one, chapter thirty-five of this code or section two, article two of said chapter, concerning conveyances, devises, dedications, gifts or bequests to religious organizations, and to the extent there is a conflict with those sections, this section controls.
WV Code § 44D-4-406 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-406. Creation of Trust Induced by Fraud, Duress or Undue Influence

A trust is void to the extent its creation was induced by fraud, duress or undue influence. As used in this section, "fraud", "duress" and "undue influence" have the same meanings for trust validity purposes as they have for purposes of determining the validity of a will.
WV Code § 44D-4-407 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-407. Oral Trusts Unenforceable

Oral trusts are unenforceable in this state.
WV Code § 44D-4-408 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-408. Trust for Care of Animal

(a) A trust may be created to provide for the care of an animal alive during the grantor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the grantor's lifetime, upon the death of the last surviving animal.(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust instrument, property not required for the intended use must be distributed to the grantor, if then living, otherwise to the grantor's successors in interest.
WV Code § 44D-4-409 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-409. Noncharitable Trust Without Ascertainable Beneficiary

Except as otherwise provided in section four hundred eight of this article, or by the provisions of article five-a, chapter thirty-five of this code, or by another statute, the following rules apply:(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than the period set forth in section one, article one-a, chapter thirty-six of this code.(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust instrument or, if no person is so appointed, by a person appointed by the court.(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust instrument, property not required for the intended use must be distributed to the grantor, if then living, otherwise to the grantor's successors in interest.
WV Code § 44D-4-410 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-410. Modification or Termination of Trust; Proceedings for Approval or Disapproval

(a) In addition to the methods of termination prescribed by sections four hundred eleven through four hundred fourteen, article four of this chapter, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.(b) A proceeding to approve or disapprove a proposed modification or termination under sections four hundred eleven through four hundred sixteen of this article, or trust combination or division under section four hundred seventeen of this article, may be commenced by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under section four hundred eleven of this article may be commenced by the grantor. The grantor of a charitable trust may maintain a proceeding to modify the trust under section four hundred thirteen of this article.
WV Code § 44D-4-411 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-411. Modification or Termination of Noncharitable Irrevocable Trust by Consent

(a) If, upon petition, the court finds that the grantor and all beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, the court shall approve the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust. A grantor's power to consent to a trust's modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust instrument; by the grantor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the grantor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.(b) A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.(c) A spendthrift provision in the terms of the trust instrument is presumed to constitute a material purpose of the trust.(d) Upon termination of a trust under subsection (a) or (b) of this section, the trustee shall distribute the trust property as agreed by the beneficiaries.(e) If all of the beneficiaries do not consent to a proposed modification or termination of the trust under subsection (a) or (b) of this section, the modification or termination including any distributions of the trust property, may be approved by the court if the court is satisfied that:(1) If all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and(2) The interests of a beneficiary who does not consent will be adequately protected.
WV Code § 44D-4-412 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-412. Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively

(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the grantor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the grantor's probable intention.(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
WV Code § 44D-4-413 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-413. Cy Pres

(a) Except as otherwise provided in subsection (b) of this section, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:(1) The charitable trust does not fail, in whole or in part;(2) The charitable trust property does not revert to the grantor or the grantor's successors in interest; and(3) Upon petition by a trustee or a person having a special interest in the trust, the court shall apply cy pres to fulfill as nearly as possible the grantor's charitable intention, whether it be general or specific.(b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) of this section to apply cy pres to modify or terminate the trust only if, when the provision takes effect:(1) The charitable trust property is to revert to the grantor and the grantor is still living; or(2) Fewer than twenty-one years have elapsed since the date of the trust's creation.
WV Code § 44D-4-414 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-414. Modification or Termination of Uneconomic Trust

(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of a noncharitable trust property having a total value less than $200,000 may terminate the trust, without the necessity of court approval, if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.(b) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.(d) This section does not apply to an easement for conservation or preservation.
WV Code § 44D-4-415 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-415. Reformation to Correct Mistakes

The court may reform the terms of a trust, even if unambiguous, to conform the terms to the grantor's intention if it is proved by preponderance of the evidence that both the grantor's intent and the terms of the trust instrument were affected by a mistake of fact or law, whether in expression or inducement.
WV Code § 44D-4-416 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-416. Modification to Achieve Grantor's Tax Objectives

To achieve the grantor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the grantor's probable intention. The court may provide that the modification has retroactive effect.
WV Code § 44D-4-417 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 4. Creation, Validity, Modification and Termination of Trust|§44D-4-417. Combination and Division of Trusts

After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.
WV Code § 44D-5-501 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts|§44D-5-501. Rights of Beneficiary's Creditor or Assignee

To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest in a trust by execution or other process against the present or future distributions to or for the benefit of the beneficiary. The court may limit the award to relief as appropriate under the circumstances.
WV Code § 44D-5-502 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts|§44D-5-502. Spendthrift Provision

(a) A spendthrift provision contained in a trust instrument is valid if it contains language substantially to the effect that it restrains both voluntary and involuntary transfers of a beneficiary's interest.(b) A term of a trust instrument providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision, and, except as otherwise provided in this article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
WV Code § 44D-5-503 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts|§44D-5-503. Exceptions to Spendthrift Provision

(a) In this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.(b) A spendthrift provision is unenforceable against:(1) A beneficiary's child, who has a judgment or court order against the beneficiary for child support;(2) A judgment creditor who has provided services for the protection of a beneficiary's interest in the trust; and(3) A claim of this state or the United States to the extent a statute of this state or federal law so provides.(c) A claimant against whom a spendthrift provision cannot be enforced may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary. The court may limit the award to such relief as is appropriate under the circumstances.
WV Code § 44D-5-504 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts|§44D-5-504. Discretionary Trusts; Effect of Standard

(a) In this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.(b) Except as otherwise provided in subsection (c) of this section, whether or not a trust instrument contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if:(1) The discretion is expressed in the form of a standard of distribution; or(2) The trustee has abused the discretion.(c) To the extent a trustee has not complied with a standard of distribution or has abused a discretion:(1) A distribution may be ordered by the court to satisfy a judgment or court order against the beneficiary for child support of the beneficiary's child; and(2) The court shall direct the trustee to pay to the child, spouse or former spouse such amount as is equitable under the circumstances but not more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.(d) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.(e) A creditor may not reach the interest of a beneficiary who is also a trustee or cotrustee or otherwise compel a distribution, if the trustee's discretion to make distributions for the trustee's own benefit is limited by an ascertainable standard.
WV Code § 44D-5-505 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts|§44D-5-505. Creditor’s Claim Against Grantor

(a) Whether or not the terms of a trust instrument contain a spendthrift provision, the following rules apply:(1) During the lifetime of the grantor, the property of a revocable trust is subject to claims of the grantor’s creditors. (2) During the lifetime of the grantor, with respect to an irrevocable trust, except to the extent otherwise provided in sections five hundred three-a, five hundred three-b and five hundred three-c of this article, a creditor or assignee of the grantor may reach the maximum amount that can be distributed to or for the grantor’s benefit. If a trust has more than one grantor, the amount the creditor or assignee of a particular grantor may reach may not exceed the grantor’s interest in the portion of the trust attributable to that grantor’s contribution.(3) After the death of a grantor, and subject to the grantor’s right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the grantor’s death is subject to claims of the creditors of the deceased grantor, to the extent the grantor’s probate estate is inadequate to satisfy them, and with such claims payable in order of priority of the following classes: (A) The costs and expenses of administration of the grantor’s estate; (B) Reasonable funeral expenses; (C) Debts and taxes with preference under federal law; (D) Unpaid child support which is due and owing at the time of the decedent’s death; (E) Debts and taxes with preference under other laws of the State of West Virginia; (F) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation for persons attending the decedent during his or her last illness; and(G) All other claims.(b) For purposes of this section:(1) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the grantor of a revocable trust to the extent of the property subject to the power; and(2) Upon the lapse, release or waiver of the power, the holder is treated as the grantor of the trust only to the extent the value of the property affected by the lapse, release or waiver exceeds the greater of the amount specified in Section 2041(b)(2), Section 2503(b) or Section 2514(e) of the Internal Revenue Code.
WV Code § 44D-5-506 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts|§44D-5-506. Overdue Distribution

(a) In this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust instrument, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if:(1) The discretion is expressed in the form of a standard of distribution; or(2) The terms of the trust instrument authorizing a distribution couple language of discretion with language of direction.(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
WV Code § 44D-5-507 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts|§44D-5-507. Personal Obligations of Trustee

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
WV Code § 44D-6-601 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 6. Revocable Trusts|§44D-6-601. Capacity of Grantor of Revocable Trust

The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.