West Virginia § 44D-1-107 Governing law

West Virginia Statutes

§ 44D-1-107 — Governing law

West Virginia § 44D-1-107

Ch. 44DUNIFORM TRUST CODE

Art. 1GENERAL PROVISIONS AND DEFINITIONS

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Bluebook

W. Va. Code § 44D-1-107 (2026).

Text

The meaning and effect of the terms of a trust are determined by:

(1)The law of the jurisdiction designated in the terms of the trust instrument, including terms which may provide for change of jurisdiction from time to time, unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or

(2)In the absence of a controlling designation in the terms of the trust instrument, the law of the jurisdiction in which the grantor is domiciled when the trust becomes irrevocable.

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The meaning and effect of the terms of a trust are determined by:

(1) The law of the jurisdiction designated in the terms of the trust instrument, including terms which may provide for change of jurisdiction from time to time, unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or

(2) In the absence of a controlling designation in the terms of the trust instrument, the law of the jurisdiction in which the grantor is domiciled when the trust becomes irrevocable.