{"data":{"id":"us-wv/w.-va.-code-44d-1-105","jurisdiction":"us-wv","citation":"W. Va. Code § 44D-1-105","heading":"Default and mandatory rules.","body":"(a) Except as otherwise provided in the terms of the trust instrument, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.\n(b) The terms of a trust prevail over any provision of this chapter except:\n(1) The requirements for creating a trust;\n(2) The duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust but subject to the provisions of §44D-8A-809, §44D-8A-811, and §44D-8A-812 of this code;\n(3) The requirement that a trust and its terms have a purpose that is lawful, not contrary to public policy, and possible to achieve;\n(4) The power of the court to modify or terminate a trust under §44D-4-410 through §44D-4-416, inclusive, of this code;\n(5) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in §44D-5-501 et seq. of this code;\n(6) The power of the court under §44D-7-702 of this code to require, dispense with, or modify or terminate a bond;\n(7) The power of the court under §44D-7-708(b) of this code to adjust a trustee’s compensation specified in the terms of the trust instrument which is unreasonably low or high;\n(8) The effect of an exculpatory term under §44D-10-1008 of this code;\n(9) The rights under §44D-10-1010 through §44D-10-1013, inclusive, of this code of a person other than a trustee or beneficiary;\n(10) Periods of limitation for commencing a judicial proceeding;\n(11) The power of the court to take action and exercise jurisdiction as may be necessary in the interests of justice; and\n(12) The subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in §44D-2-203 and §44D-2-204 of this code.","path":["CHAPTER 44D. UNIFORM TRUST CODE.","ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS."],"source_url":"https://code.wvlegislature.gov/44D-1-105/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:39Z","sha256":"ecd87c00f3d39f3ce4e2ed7296b89e8a2b56e85d664145ba1986a71d34aeb102","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44d-1-104","next":"us-wv/w.-va.-code-44d-1-106"},"notice":"GroundRules: Original legal text. Not legal advice."}