reglab/statecodes huggingface dataset:
2023 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.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-7. Notice; Exercise of Decanting Power

(a) In this section, a notice period begins on the day notice is given under subsection (c) of this section and ends 59 days after the day notice is given.
(b) Except as otherwise provided in this article, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.
(c) Except as otherwise provided in subsection (f) of this section, an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to:
(1) Each grantor of the first trust, if living or then in existence;
(2) Each qualified beneficiary of the first trust;
(3) Each holder of a presently exercisable power of appointment over any part, or all of, the first trust;
(4) Each person that currently has the right to remove or replace the authorized fiduciary;
(5) Each other fiduciary of the first trust;
(6) Each fiduciary of the second trust; and
(7) The West Virginia Attorney General, if 44D-8B-14(b) of this code applies.
(d) An authorized fiduciary is not required to give notice under subsection (c) of this section to a person that is not known to the fiduciary.
(e) A notice under subsection (c) of this section must:
(1) Specify the manner in which the authorized fiduciary intends to exercise the decanting power;
(2) Specify the proposed effective date for exercise of the power;
(3) Include a copy of the first-trust instrument; and
(4) Include a copy of all second-trust instruments.
(f) The decanting power may be exercised before expiration of the notice period under subsection (a) of this section if all persons entitled to receive notice waive the period in a signed record.
(g) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under 44D-8B-9 of this code asserting that:
(1) An attempted exercise of the decanting power is ineffective because it did not comply with this article or was an abuse of discretion or breach of fiduciary duty; or
(2) Section 44D-8B-22 of this code applies to the exercise of the decanting power.
(h) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (c) of this section if the authorized fiduciary acted with reasonable care to comply with that subsection.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-8. Representation

(a) Notice to a person with authority to represent and bind another person under a first-trust instrument or the provisions of this chapter has the same effect as notice given directly to the person represented.
(b) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument or the provisions of this chapter is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective.
(c) A person with authority to represent and bind another person under a first-trust instrument or the provisions of this chapter may file an application under 44D-8B-9 of this code on behalf of the person represented.
(d) A grantor may not represent or bind a beneficiary under this article.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-9. Court Involvement

(a) On application of an authorized fiduciary, a person entitled to notice under 44D-8B-7(c) of this code, a beneficiary, or with respect to a charitable interest any other person that has standing to enforce the charitable interest, the court may:
(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary;
(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this article and to exercise the decanting power;
(3) Approve an exercise of the decanting power;
(4) Determine that a proposed or attempted exercise of the decanting power is ineffective because:
(A) After applying 44D-8B-22 of this code, the proposed or attempted exercise does not, or did not, comply with this article; or
(B) The proposed or attempted exercise would be or was an abuse of the fiduciarys discretion or a breach of fiduciary duty;
(5) Determine the extent to which 44D-8B-22 of this code applies to a prior exercise of the decanting power;
(6) Provide instructions to the trustee regarding the application of 44D-8B-22 of this code to a prior exercise of the decanting power; or
(7) Order other relief to carry out the purposes of this article.
(b) On application of an authorized fiduciary, the court may approve:
(1) An increase in the fiduciarys compensation under 44D-8B-16 of this code; or
(2) A modification under 44D-8B-18 of this code of a provision granting a person the right to remove or replace the fiduciary.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-10. Formalities

An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by 44D-8B-7 of this code, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-12. Decanting Power Under Limited Distributive Discretion

(a) In this section, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.
(b) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.
(c) Under this section and subject to 44D-8B-14 of this code, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust.
(d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:
(1) The distribution is applied for the benefit of the beneficiary;
(2) The beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under this chapter; or
(3) The distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.
(e) If an authorized fiduciary has limited distributive discretion over part, but not all of, the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-13. Trust for Beneficiary With Disability

(a) In this section:
(1) "Beneficiary with a disability" means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated a protected person.
(2) "Governmental benefits" means financial aid or services from a state, federal, or other public agency.
(3) "Special-needs fiduciary" means, with respect to a trust that has a beneficiary with a disability:
(A) A trustee or other fiduciary, other than a grantor, that has discretion to distribute part or all of the principal of a first trust to one, or more current beneficiaries;
(B) If no trustee or fiduciary has discretion under paragraph (A) of this subdivision, a trustee or other fiduciary, other than a grantor, that has discretion to distribute part, or all of, the income of the first trust to one or more current beneficiaries; or
(C) If no trustee or fiduciary has discretion under paragraphs (A) and (B) of this subdivision, a trustee or other fiduciary, other than a grantor, that is required to distribute part, or all of, the income or principal of the first trust to one or more current beneficiaries.
(4) "Special-needs trust" means a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for governmental benefits.
(b) A special-needs fiduciary may exercise the decanting power under 44D-8B-11 of this code over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if:
(1) A second trust is a special-needs trust that benefits the beneficiary with a disability; and
(2) The special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust.
(c) In an exercise of the decanting power under this section, the following rules apply:
(1) Notwithstanding 44D-8B-11(c)(2) of this code, the interest in the second trust of a beneficiary with a disability may:
(A) Be a pooled trust as defined by Medicaid law for the benefit of the beneficiary with a disability under 42 U.S.C. 1396p(d)(4)(C); or
(B) Contain payback provisions complying with reimbursement requirements of Medicaid law under 42 U.S.C. 1396p(d)(4)(A).
(2) Section 44D-8B-11(c)(3) of this code does not apply to the interests of the beneficiary with a disability.
(3) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, must grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiarys beneficial interests in the first trust.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-14. Protection of Charitable Interest

(a) In this section:
(1) "Determinable charitable interest" means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and which is unconditional or will be held solely for charitable purposes.
(2) "Unconditional" means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986 on the date of the distribution, if the charitable organization meets the requirement on the date of determination.
(b) If a first trust contains a determinable charitable interest which is not held by an identified charitable organization, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest.
(c) If a first trust contains a charitable interest, the second trust or trusts may not:
(1) Diminish the charitable interest;
(2) Diminish the interest of an identified charitable organization that holds the charitable interest;
(3) Alter any charitable purpose stated in the first-trust instrument; or
(4) Alter any condition or restriction related to the charitable interest.
(d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c) of this section.
(e) If a first trust contains a determinable charitable interest which is not held by an identified charitable organization, the second trust or trusts that include a charitable interest pursuant to subsection (c) of this section must be administered under the law of this state unless:
(1) The Attorney General, after receiving notice under 44D-8B-7 of this code, fails to object in a signed record delivered to the authorized fiduciary within the notice period;
(2) The Attorney General consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or
(3) The court approves the exercise of the decanting power.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-15. Trust Limitation on Decanting

(a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:
(1) The decanting power; or
(2) A power granted by state law to the fiduciary to distribute part, or all of, the principal of the trust to another trust or to modify the trust.
(b) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:
(1) The decanting power; or
(2) A power granted by state law to a fiduciary to distribute part, or all of, the principal of the trust to another trust or to modify the trust.
(c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiarys interest does not preclude exercise of the decanting power.
(d) Subject to subsections (a) and (b) of this section, an authorized fiduciary may exercise the decanting power under this article even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part, or all of, the principal of the first trust to another trust.
(e) If a first-trust instrument contains an express prohibition described in subsection (a) of this section or an express restriction described in subsection (b) of this section, the provision must be included in the second-trust instrument.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-16. Change in Compensation

(a) If a first-trust instrument specifies an authorized fiduciarys compensation, the fiduciary may not exercise the decanting power to increase the fiduciarys compensation above the specified compensation unless:
(1) All qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) The increase is approved by the court.
(b) If a first-trust instrument does not specify an authorized fiduciarys compensation, the fiduciary may not exercise the decanting power to increase the fiduciarys compensation above the compensation permitted by this chapter unless:
(1) All qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) The increase is approved by the court.
(c) A change in an authorized fiduciarys compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciarys compensation for purposes of subsections (a) and (b) of this section.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-17. Relief From Liability and Indemnification

(a) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.
(b) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.
(c) A second-trust instrument may not reduce fiduciary liability in the aggregate.
(d) Subject to subsection (c) of this section, a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this state other than this article.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-18. Removal or Replacement of Authorized Fiduciary

An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:
(1) The person holding the power consents to the modification in a signed record and the modification applies only to the person;
(2) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(3) The court approves the modification and the modification grants a substantially similar power to another person.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-20. Duration of Second Trust

(a) Subject to subsection (b) of this section, a second trust may have a duration that is the same as or different from the duration of the first trust.
(b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation which apply to property of the first trust.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-22. Saving Provision

(a) If exercise of the decanting power would be effective under this article except that the second-trust instrument in part does not comply with this article, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:
(1) A provision in the second-trust instrument which is not permitted under this article is void to the extent necessary to comply with this article; and
(2) A provision required by this article to be in the second-trust instrument which is not contained in the instrument is considered to be included in the instrument to the extent necessary to comply with this article.
(b) If a trustee or other fiduciary of a second trust determines that subsection (a) of this section applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciarys duties.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-23. Trust for Care of Animal

(a) In this section:
(1) "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals.
(2) "Protector" means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no person is appointed in the trust, a person appointed by the court for that purpose.
(b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this article if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.
(c) A protector for an animal has the rights under this article of a qualified beneficiary.
(d) Notwithstanding any other provision of this article, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-25. Grantor

(a) For purposes of law of this state other than this article and subject to subsection (b) of this section, a grantor of a first trust is considered to be the grantor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(b) In determining grantor intent with respect to a second trust, the intent of a grantor of the first trust, a grantor of the second trust, and the authorized fiduciary may be considered.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-26. Later-Discovered Property

(a) Except as otherwise provided in subsection (c) of this section, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.
(b) Except as otherwise provided in subsection (c) of this section, if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.
(c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-29. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001
et seq
., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 103(b) of that act, 15 U.S.C. 7003(b).
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 8B. West Virginia Uniform Trust Decanting Act › §44D-8B-30. Severability

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1001. Remedies for Breach of Trust

(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b) To remedy a breach of trust that has occurred or may occur, the court may:
(1) Compel the trustee to perform the trustee's duties;
(2) Enjoin the trustee from committing a breach of trust;
(3) Compel the trustee to redress a breach of trust by paying money, restoring property or other means;
(4) Order a trustee to account;
(5) Appoint a special fiduciary to take possession of the trust property and administer the trust in accordance with the limitations and directions as ordered by the court;
(6) Suspend the trustee;
(7) Remove the trustee as provided in section seven hundred six, article seven of this chapter;
(8) Reduce or deny compensation to the trustee;
(9) Subject to section one thousand twelve of this article, void an act of the trustee, impose a lien or a constructive trust on trust property or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(10) Order any other appropriate relief.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1002. Damages for Breach of Trust

(a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:
(1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or
(2) The profit the trustee made by reason of the breach.
(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1004. Attorney's Fees and Costs

In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1005. Limitation of Action Against Trustee

(a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative of the beneficiary knows of the potential claim or should know of the existence of the potential claim.
(c) If subsection (a) of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within five years after the first to occur of:
(1) The removal, resignation or death of the trustee;
(2) The termination of the beneficiary's interest in the trust;
(3) The termination of the trust; or
(4) The time when the beneficiary knew or should have known of the breach of trust.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1007. Event Affecting Administration or Distribution

If the happening of an event, including, but not limited to, marriage, divorce, performance of educational requirements, attaining a specific age or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1008. Exculpation of Trustee

(a) A term of a trust instrument relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
(1) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries, subject to 44D-1-105 and 44D-8A-809 of this code; or
(2) Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the grantor.
(b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless:
(1) The trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the grantor; or
(2) The grantor was represented by an attorney not employed by the trustee with respect to the trust and the attorney provided independent legal advice.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1009. Beneficiary's Consent, Release or Ratification

(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.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1010. Limitation on Personal Liability of Trustee

(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1011. Interest as General Partner

(a) Except as otherwise provided in subsection (c) of this section or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract. The requirement of disclosure in the contract is satisfied if the trustee signs the contract, or signs another writing which is contemporaneously delivered to the other parties to the contract, in a manner that clearly evidences that the trustee executed the contract in a fiduciary capacity.
(b) Except as otherwise provided in subsection (c) of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(c) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings or parents or the spouse of any of them.
(d) If the trustee of a revocable trust holds an interest as a general partner, the grantor is personally liable for contracts and other obligations of the partnership as if the grantor were a general partner.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1012. Protection of Person Dealing With Trustee

(a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.
(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.
(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.
(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee › §44D-10-1013. Certification of Trust

(a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:
(1) That the trust exists and the date the trust instrument was executed;
(2) The identity of the grantor;
(3) The identity and address of the currently acting trustee;
(4) The powers of the trustee;
(5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;
(6) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee;
(7) The trust's taxpayer identification number; and
(8) The manner of taking title to trust property.
(b) A certification of trust may be signed or otherwise authenticated by any trustee.
(c) A certification of trust must state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
(d) A certification of trust need not contain the dispositive terms of a trust.
(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.
(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust instrument may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court having jurisdiction over the trust determines that the person did not act in good faith in demanding the trust instrument.
(i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
(j) Nothing in this section expands, limits or otherwise affects the provisions contained in section four-a, article one, chapter thirty-six of this code pertaining to memoranda of trust.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 11. Miscellaneous Provisions › §44D-11-1102. Electronic Records and Signatures

The provisions of this chapter governing the legal effect, validity or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of the records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.
2023 West Virginia Code › Chapter 44D. Uniform Trust Code › Article 11. Miscellaneous Provisions › §44D-11-1105. Application to Existing Relationships

(a) Except as otherwise provided in this chapter:
(1) This chapter applies to all trusts created before, on, or after July 1, 2011;
(2) This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2011;
(3) This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2011, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;
(4) Any rule of construction or presumption provided in this chapter applies to trust instruments executed before July 1, 2011, unless there is a clear indication of a contrary intent in the terms of the trust instrument; and
(5) An act done before July 1, 2011 is not affected by this chapter.
(b) If a right is acquired or vested before July 1, 2011, or if a right is extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2011, that right or statute continues to apply even if the statute has been repealed or superseded.
2023 West Virginia Code › Chapter 45. Suretyship and Guaranty › Article 1. Sureties, Guarantors, Indorsers, Bail and Principals › §45-1-1. Demand That Creditor Sue

The surety, guarantor or indorser (or his committee or personal representative) of any person bound by any contract may, if a right of action has accrued thereon, require the creditor (or his committee or personal representative), by notice in writing, forthwith to institute suit thereon; and if he be bound in a bond with collateral condition or for the performance of some collateral undertaking, he shall also specify in such notice the breach of the condition or undertaking for which he requires suit to be brought.
2023 West Virginia Code › Chapter 45. Suretyship and Guaranty › Article 1. Sureties, Guarantors, Indorsers, Bail and Principals › §45-1-2. Discharge of Surety, Guarantor or Indorser by Failure of Creditor to Sue

If such creditor or his committee or representative shall not, within a reasonable time after such notice, institute suit against every party to such contract who is a resident in this state, and not insolvent, and prosecute the same with due diligence to judgment and by execution, he shall forfeit his right to demand of such surety, guarantor or indorser or his estate, and all his cosureties and their estates, the money due by any such contract for the payment of money, or the damages sustained by any breach of the collateral condition or undertaking specified as aforesaid. But the conditions, rights, and remedies against the principal debtor shall remain unimpaired thereby.
2023 West Virginia Code › Chapter 45. Suretyship and Guaranty › Article 1. Sureties, Guarantors, Indorsers, Bail and Principals › §45-1-3. Judgment, Decree or Recovery Not Binding on Surety Not Party to Proceeding

Whether the surety, guarantor or indorser (or his committee or personal representative) shall have given notice as provided in the first section of this article or not, no judgment, decree or recovery rendered, entered, or had in any suit, action, prosecution or proceeding, to which the surety, guarantor or indorser (or his committee or personal representative) was not a party regularly served with process, shall be in any wise binding on such surety, guarantor or indorser (or his committee or personal representative), and, notwithstanding such decree, judgment or recovery, the surety, guarantor or indorser (or his committee or personal representative) shall be allowed to make any such defense in any action, suit or proceeding instituted against him as could have been made in the suit in which such decree, judgment or recovery was had.
2023 West Virginia Code › Chapter 45. Suretyship and Guaranty › Article 1. Sureties, Guarantors, Indorsers, Bail and Principals › §45-1-4. Remedy of Bail, Surety, Guarantor, etc., Making Payment

If any person liable as bail, surety, guarantor or endorser, or any sheriff liable for not taking sufficient bail, or the committee, heir, or personal representative of any so liable, shall pay, in whole or in part, any judgment, decree or execution rendered or awarded on account of such liability, the person having right of action for the amount so paid, may, by motion in the court in which said judgment, decree, or execution was rendered or awarded, obtain judgment or decree against any person against whom such right of action exists for the amount so paid, with interest from the time of payment, and five percent damages on said amount; and said person so paying in whole or in part, any such judgment, decree or execution rendered or awarded on account of such liability, or any such note, bond or other demand, in whole or in part, shall by operation of law, in addition to the remedy above provided, be substituted to and become the owner of all of the rights and remedies of the creditor for the enforcement and collection of the amount or amounts so paid, and shall be deemed the assignee thereof; executions, or other legal process to which the principal creditor was entitled, may be issued on any such judgment or decree in the name of the original creditor against the person primarily liable for the benefit of the person secondarily liable to the extent to which he has satisfied the original creditor; but nothing in this section shall be construed to impair or affect in any way the security of the original creditor, or his rights and remedies as to any balance which may be due him The provisions of this section are cumulative, and are intended to protect the rights of any person secondarily liable to the extent to which he has satisfied the obligation of the person primarily liable. All assignments heretofore made of judgments and decrees to persons secondarily liable are hereby validated, and upon the same executions may be issued as hereinbefore provided.
2023 West Virginia Code › Chapter 45. Suretyship and Guaranty › Article 1. Sureties, Guarantors, Indorsers, Bail and Principals › §45-1-5. Principal's Right to Same Defense Against Surety as Against Creditor

If any such surety (other than bail), or his committee, heir or personal representative, shall confess judgment or suffer judgment to go against him by default, without giving notice to his principal (if the principal be a resident of this state), or his committee or personal representative, to defend the suit, and after such principal, his committee or personal representative offers to defend the suit, and tenders counter security, approved by the court in which the suit is pending, such principal, or his committee, heirs or representative, may have the benefit of every defense against the motion or suit of such surety or his committee, representative or heirs, against him that he might have had against the creditor. And in all cases in which any principal debtor, or his committee, representative or heirs, knowing of the pendency of any suit against his surety or the committee, heir or personal representative of such surety shall not offer to defend such suit, he shall be precluded from making any defense to the claim of the surety which he might have made against the suit of the creditor.
2023 West Virginia Code › Chapter 45. Suretyship and Guaranty › Article 1. Sureties, Guarantors, Indorsers, Bail and Principals › §45-1-6. Contribution Among Cosureties and Coguarantors

If the principal debtor be insolvent, any surety or guarantor (or his committee, personal representative or heir) against whom a judgment or decree has been rendered on the contract in which he was surety or guarantor, may obtain a judgment or decree by motion, in the court in which such judgment or decree was rendered, against any cosurety or coguarantor (or his committee, personal representative or heir) for his share, in law or equity, of the amount for which the first-mentioned judgment or decree may have been rendered; and if the same has been paid, for such share of the amount so paid, with interest thereon from the time of such payment.
2023 West Virginia Code › Chapter 45. Suretyship and Guaranty › Article 1. Sureties, Guarantors, Indorsers, Bail and Principals › §45-1-7. Deposit on Contract for Use or Rental of Property

Whenever money shall be deposited or advanced on a contract for the use or rental of personal property thereafter to be delivered, as security for performance of the contract or to be applied to payments upon such contract when due, and such contract is between a citizen of this state and a nonresident thereof, such money, with interest accruing thereon, if any, until repaid or so applied, shall continue to be the money of the person making such deposit or advance and shall be a trust fund in the possession of the person with whom such deposit or advance shall be made and shall be deposited in a bank or trust company located in this state and shall not be mingled with other funds or become an asset of such trustee until such property is delivered: Provided, however, That nothing herein contained shall apply to deposits or advance payment required by public service corporations under the authority of the Public Service Commission.
2023 West Virginia Code › Chapter 45. Suretyship and Guaranty › Article 1. Sureties, Guarantors, Indorsers, Bail and Principals › §45-1-8. Penalty for Violation of §45-1-7

Any person violating any provision of the next preceding section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than $1,000, and, at the discretion of the court, may be confined in jail not more than one year. The officer or agent of any corporation who directly or indirectly participates in any transaction amounting to a violation of said section shall, upon conviction, be punished as aforesaid.