{"data":{"id":"us-wv/w.-va.-code-44d-8b-9","jurisdiction":"us-wv","citation":"W. Va. Code § 44D-8B-9","heading":"Court involvement.","body":"(a) On application of an authorized fiduciary, a person entitled to notice under §44D-8B-7(c) of this code, a beneficiary, or with respect to a charitable interest any other person that has standing to enforce the charitable interest, the court may:\n(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary;\n(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this article and to exercise the decanting power;\n(3) Approve an exercise of the decanting power;\n(4) Determine that a proposed or attempted exercise of the decanting power is ineffective because:\n(A) After applying §44D-8B-22 of this code, the proposed or attempted exercise does not, or did not, comply with this article; or\n(B) The proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty;\n(5) Determine the extent to which §44D-8B-22 of this code applies to a prior exercise of the decanting power;\n(6) Provide instructions to the trustee regarding the application of §44D-8B-22 of this code to a prior exercise of the decanting power; or\n(7) Order other relief to carry out the purposes of this article.\n(b) On application of an authorized fiduciary, the court may approve:\n(1) An increase in the fiduciary’s compensation under §44D-8B-16 of this code; or\n(2) A modification under §44D-8B-18 of this code of a provision granting a person the right to remove or replace the fiduciary.","path":["CHAPTER 44D. UNIFORM TRUST CODE.","ARTICLE 8B. WEST VIRGINIA UNIFORM TRUST DECANTING ACT."],"source_url":"https://code.wvlegislature.gov/44D-8B-9/","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":"48484c003a78ff8807518f6e1c18b35f56befafea78fd074cf2d6bbf865eadb2","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44d-8b-8","next":"us-wv/w.-va.-code-44d-8b-10"},"notice":"GroundRules: Original legal text. Not legal advice."}