{"data":{"id":"us-wv/w.-va.-code-44d-5-506","jurisdiction":"us-wv","citation":"W. Va. Code § 44D-5-506","heading":"Overdue distribution.","body":"(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:\n(1) The discretion is expressed in the form of a standard of distribution; or\n(2) The terms of the trust instrument authorizing a distribution couple language of discretion with language of direction.\n(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.","path":["CHAPTER 44D. UNIFORM TRUST CODE.","ARTICLE 5. CREDITOR\\'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS."],"source_url":"https://code.wvlegislature.gov/44D-5-506/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:40Z","sha256":"53d82187d009a24e56dafa1ae62edc9b4885da1a254669d0b3f0d95d6d2c2b8d","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44d-5-505","next":"us-wv/w.-va.-code-44d-5-507"},"notice":"GroundRules: Original legal text. Not legal advice."}