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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 § 44D-8B-18: Removal or replacement of authorized fiduciary.

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

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.

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

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