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WV Code § 44D-6-602 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 6. Revocable Trusts|§44D-6-602. Revocation or Amendment of Revocable Trust

(a) Unless the terms of a trust expressly provide that the trust is irrevocable, the grantor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this chapter.(b) Unless the terms of a trust provide otherwise, if a revocable trust is created or funded by more than one grantor: (1) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;(2) To the extent the trust consists of property other than community property, each grantor may revoke or amend the trust with regard the portion of the trust property attributable to that grantor's contribution; and(3) Upon the revocation or amendment of the trust by fewer than all of the grantors, the trustee shall promptly notify the other grantors of the revocation or amendment.(c) The grantor may revoke or amend a revocable trust:(1) By substantially complying with a method provided in the terms of the trust instrument; or(2) If the terms of the trust instrument do not provide a method, by any other method manifesting clear and convincing evidence of the grantor's intent.(d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the grantor directs.(e) A grantor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust instrument or the power.(f) A conservator of the grantor or, if no conservator has been appointed, a guardian of the grantor may exercise a grantor's powers with respect to revocation, amendment or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.(g) A trustee who does not know that a trust has been revoked or amended is not liable to the grantor or grantor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.(h) No trust which is otherwise irrevocable because the trust instrument expressly provides or states that the trust is irrevocable is or becomes revocable by the grantor because the grantor is the sole beneficiary of the trust.
WV Code § 44D-6-603 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 6. Revocable Trusts|§44D-6-603. Grantor S Powers; Powers of Withdrawal

(a) While a trust is revocable and the grantor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the grantor.(b) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a grantor of a revocable trust under this section to the extent of the property subject to the power.(c) When a trust is revocable, the trustee may follow a direction of the grantor that is contrary to the terms of the trust instrument.
WV Code § 44D-6-604 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 6. Revocable Trusts|§44D-6-604. Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust Property

(a) (1) An interested person may commence a judicial proceeding to contest the validity of a trust that was revocable at the grantor’s death within the earlier of:(A) Two years after the grantor’s death; or(B) Six months after the trustee has sent the interested person a copy of the trust instrument and a notice informing the interested person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding.(2) Notwithstanding subdivision (1) of this subsection:(A) If the interested person is under the age of eighteen years or is a convict or mentally incapacitated person, the interested person has one year after he or she becomes of age or the disability ceases, to commence a judicial proceeding; and (B) If the interested person resided out of the state at the time the interested person received the trust instrument and notice, the interested person has one year after receipt thereof to commence the judicial proceeding.(b) Upon the death of the grantor of a trust that was revocable at the grantor’s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust instrument. The trustee is not subject to liability for doing so unless:(1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or(2) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty days after the contestant sent the notification.(c) A beneficiary of a trust that was revocable at the grantor’s death that is determined to have been invalid is liable to return any distribution received.
WV Code § 44D-7-701 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 7. Office of the Trustee|§44D-7-701. Accepting or Declining Trusteeship

(a) Except as otherwise provided in subsection (c) of this section, a person designated as trustee accepts the trusteeship:(1) By substantially complying with a method of acceptance provided in the terms of the trust instrument; or(2) If the terms of the trust instrument do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship including by signing a written instrument so stating.(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A person designated as trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.(c) A person designated as trustee, without accepting the trusteeship, may:(1) Act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the grantor or, if the grantor is dead or lacks capacity, to a qualified beneficiary; and(2) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other proper purpose.
WV Code § 44D-7-702 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 7. Office of the Trustee|§44D-7-702. Trustee's Bond

(a) A trustee shall give bond to secure performance of the trustee's duties only if a bond is required by the terms of the trust instrument or if the court having jurisdiction of the trust finds that a bond is needed to protect the interests of the beneficiaries and the court has not dispensed with the requirement of a bond.(b) The court may specify the amount of a bond, its liabilities and whether sureties are necessary. The court may modify or terminate a bond at any time upon petition by the grantor, if living, a qualified beneficiary, or cotrustee.(c) In accordance with the provisions of section eighteen, article four, chapter thirty-one-a of this code, a regulated financial-service institution authorized to exercise trust powers in this state need not give bond, even if required by the terms of the trust instrument.
WV Code § 44D-7-703 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 7. Office of the Trustee|§44D-7-703. Cotrustees

(a) Unless otherwise provided in the terms of the trust instrument, cotrustees who are unable to reach a unanimous decision may act by majority decision. Unless otherwise provided by the trust instrument, when a dispute arises among trustees as to the exercise or nonexercise of any of their powers and there is no agreement by a majority of them, the court in its discretion upon a petition filed by any of the trustees, the grantor, if living, a qualified beneficiary, or any interested person, may direct the exercise or nonexercise of the power as it considers necessary for the best interest of the trust.(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust, unless otherwise provided in the terms of the trust instrument.(c) Subject to the provisions of 44D-8A-801 et seq. of this code, a cotrustee must participate in the performance of a trustees function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.(d) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.(e) A trustee may delegate to a cotrustee the performance of a function other than a function that the terms of the trust expressly require to be performed by the trustees jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation of a function previously made.(f) Except as otherwise provided in subsection (g) of this section, a trustee who does not join in an action of another trustee is not liable for the action.(g) Subject to the provisions of 44D-8A-801 et seq. of this code, each trustee shall exercise reasonable care to:(1) Prevent a cotrustee from committing a serious breach of trust; and(2) Compel a cotrustee to redress a serious breach of trust.(h) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notifies any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.
WV Code § 44D-7-704 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 7. Office of the Trustee|§44D-7-704. Vacancy in Trusteeship; Appointment of Successor

(a) A vacancy in a trusteeship occurs if:(1) A person designated as trustee rejects the trusteeship;(2) A person designated as trustee cannot be identified or does not exist;(3) A trustee resigns;(4) A trustee is disqualified or removed; (5) A trustee dies; or(6) A guardian or conservator is appointed for an individual serving as trustee.(b) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled, unless otherwise provided in the terms of the trust instrument. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.(c) Unless otherwise provided in the terms of the trust instrument, a vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:(1) By a person designated in the terms of the trust instrument to act as successor trustee;(2) By a person appointed by unanimous written agreement of the qualified beneficiaries; or(3) By a person appointed by the court having jurisdiction of the trust.(d) Unless otherwise provided, a vacancy in a trusteeship of a charitable trust that is required to be filled shall be filled in the following order of priority:(1) By a person designated in the terms of the trust to act as successor trustee;(2) By a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust instrument if the Attorney General of West Virginia either concurs in writing to the selection or fails to make a written objection to the selection within ninety days after receiving by certified or registered mail a notice of the selection by the charitable organizations; or(3) By a person appointed by the court having jurisdiction over the trust.(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may upon petition of the grantor, a qualified beneficiary, or a cotrustee appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
WV Code § 44D-7-705 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 7. Office of the Trustee|§44D-7-705. Resignation of Trustee

(a) Unless otherwise provided in the terms of the trust instrument, a trustee may resign without court approval by giving at least thirty days' notice in writing to the grantor, if living, all of the qualified beneficiaries, and all cotrustees, if any.(b) A trustee may resign with the approval of the court having jurisdiction of the trust upon the filing of a petition for such purpose which joins as respondents the grantor, if living, all of the qualified beneficiaries, and all cotrustees, if any. In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.(c) Unless otherwise provided by order of the court, any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.
WV Code § 44D-7-706 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 7. Office of the Trustee|§44D-7-706. Removal of Trustee

(a) The grantor, a cotrustee or a beneficiary may upon petition request the court to remove a trustee, or a trustee may be removed by the court on its own initiative. In the case of a charitable trust, the Attorney General of West Virginia shall also have standing to petition the court to remove a trustee.(b) The court may remove a trustee if the court finds by a preponderance of the evidence that:(1) The trustee has committed a serious breach of trust;(2) Lack of cooperation among cotrustees substantially impairs the administration of the trust;(3) Because of unfitness, unwillingness or persistent failure of the trustee to administer the trust effectively, removal of the trustee best serves the interests of the beneficiaries; or(4) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, removal of the trustee best serves the interests of all of the beneficiaries, removal is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order appropriate relief under subsection (b), section one thousand one, article ten of this chapter as may be necessary to protect the trust property or the interests of the beneficiaries.
WV Code § 44D-7-707 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 7. Office of the Trustee|§44D-7-707. Delivery of Property by Former Trustee

(a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee or other person entitled to it.(c) Title to all trust property shall be owned and vested in any successor trustee, upon acceptance of the trusteeship, without any conveyance, transfer or assignment by the prior trustee.
WV Code § 44D-7-708 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 7. Office of the Trustee|§44D-7-708. Compensation of Trustee

(a) If the terms of the trust instrument do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.(b) If the terms of the trust instrument specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may upon petition of the grantor, qualified beneficiary, the trustee or cotrustee, if any, may allow more or less compensation if:(1) The duties of the trustee are substantially different from those contemplated when the trust was created; or(2) The compensation specified by the terms of the trust instrument would be unreasonably low or high.
WV Code § 44D-7-709 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 7. Office of the Trustee|§44D-7-709. Reimbursement of Expenses

(a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:(1) Expenses that were properly incurred in the administration of the trust; and(2) To the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
WV Code § 44D-8-801 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-801. Duty to Administer Trust

Upon acceptance of a trusteeship, the trustee shall administer the trust and invest the trust assets in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter. In administering, managing and investing trust assets, the trustee shall comply with the provisions of the Uniform Prudent Investor Act in article six-c, chapter forty-four of this code, and the Uniform Principal and Income Act in chapter forty-four-b of this code.
WV Code § 44D-8-803 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-803. Impartiality

If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing and distributing the trust property, giving due regard to the beneficiaries' respective interests.
WV Code § 44D-8-804 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-804. Prudent Administration

A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution.
WV Code § 44D-8-805 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-805. Costs of Administration

In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust and the skills of the trustee.
WV Code § 44D-8-806 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-806. Trustee's Skills

A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.
WV Code § 44D-8-807 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-807. Delegation by Trustee

(a) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:(1) Selecting an agent;(2) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust instrument; and(3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.(b) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.(c) A trustee who complies with subsection (a) of this section is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.(d) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.(e) The delegating trustee is not responsible for the decisions, actions or inactions of the trustee to whom those duties and powers have been delegated if the delegating trustee has exercised reasonable care, skill and caution in establishing the scope and specific terms of the delegation and in reviewing periodically the performance of the trustee to whom the duties and powers have been delegated and the trustee's compliance with the scope and specific terms of the delegation.
WV Code § 44D-8-808 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-808. Powers to Direct

The terms of a trust instrument which confer upon a person other than the grantor of a revocable trust power to direct certain actions of the trustee are governed by the provisions of the West Virginia Uniform Directed Trust Act contained in 44D-8A-801 et seq. of this code.
WV Code § 44D-8-809 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-809. Control and Protection of Trust Property

A trustee shall take reasonable steps to take control of and protect the trust property.
WV Code § 44D-8-810 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-810. Recordkeeping and Identification of Trust Property

(a) A trustee shall keep adequate records of the administration of the trust.(b) A trustee shall keep trust property separate from the trustee's own property.(c) Except as otherwise provided in subsection (d) of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.
WV Code § 44D-8-811 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-811. Enforcement and Defense of Claims

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
WV Code § 44D-8-812 (2021)
2021 West Virginia Code|Chapter 44D. Uniform Trust Code|Article 8. Duties and Powers of Trustee|§44D-8-812. Collecting Trust Property

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.