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West Virginia · Through as of 2026-08-03; contains at least the enactments of the 2026 Regular Session · Newer source version available

W. Va. Code § 42-6-11: Disclaimer of power held in fiduciary capacity.

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Where this section sits in the code
  1. CHAPTER 42. DESCENT AND DISTRIBUTION.
  2. ARTICLE 6. UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT.

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

(c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust or other person for whom the fiduciary is acting.

Collected 2026-09-06T00:29:29Z. Source file · JSON

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