W. Va. Code § 44D-8B-18: Removal or replacement of authorized fiduciary.
Where this section sits in the code
- CHAPTER 44D. UNIFORM TRUST CODE.
- 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