West Virginia § 44D-11-1105 Application to existing relationships

West Virginia Statutes

§ 44D-11-1105 — Application to existing relationships

West Virginia § 44D-11-1105

Ch. 44DUNIFORM TRUST CODE

Art. 11MISCELLANEOUS PROVISIONS

This text of West Virginia § 44D-11-1105 (Application to existing relationships) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 44D-11-1105 (2026).

Text

(a)Except as otherwise provided in this chapter:

(1)This chapter applies to all trusts created before, on, or after July 1, 2011;

(2)This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2011;

(3)This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2011, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;

(4)Any rule of construction or presumption provided in this chapter applies to trust instruments executed before July 1, 2011, unless there is a clea

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(a) Except as otherwise provided in this chapter:

(1) This chapter applies to all trusts created before, on, or after July 1, 2011;

(2) This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2011;

(3) This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2011, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;

(4) Any rule of construction or presumption provided in this chapter applies to trust instruments executed before July 1, 2011, unless there is a clear indication of a contrary intent in the terms of the trust instrument; and

(5) An act done before July 1, 2011 is not affected by this chapter.

(b) If a right is acquired or vested before July 1, 2011, or if a right is extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2011, that right or statute continues to apply even if the statute has been repealed or superseded.