GroundRules
← Search the law
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 § 44D-8B-17: Relief from liability and indemnification.

Read at publisher ↗
Where this section sits in the code
  1. CHAPTER 44D. UNIFORM TRUST CODE.
  2. ARTICLE 8B. WEST VIRGINIA UNIFORM TRUST DECANTING ACT.

(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.

Collected 2026-09-06T00:29:42Z. Source file · JSON

Browse this collection