W. Va. Code § 44D-5-506: Overdue distribution.
Where this section sits in the code
- CHAPTER 44D. UNIFORM TRUST CODE.
- ARTICLE 5. CREDITOR\'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS.
(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.
Collected 2026-09-06T00:29:40Z. Source file · JSON