{"data":{"id":"us-wv/w.-va.-code-44d-8b-17","jurisdiction":"us-wv","citation":"W. Va. Code § 44D-8B-17","heading":"Relief from liability and indemnification.","body":"(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.\n(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.\n(c) A second-trust instrument may not reduce fiduciary liability in the aggregate.\n(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.","path":["CHAPTER 44D. UNIFORM TRUST CODE.","ARTICLE 8B. WEST VIRGINIA UNIFORM TRUST DECANTING ACT."],"source_url":"https://code.wvlegislature.gov/44D-8B-17/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:42Z","sha256":"ee5c75d018cc78f5c6211141e675052b1a8b0ad6715595db84c0dcb35b0efd73","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44d-8b-16","next":"us-wv/w.-va.-code-44d-8b-18"},"notice":"GroundRules: Original legal text. Not legal advice."}