West Virginia § 44D-4-401 Methods of creating trust

West Virginia Statutes

§ 44D-4-401 — Methods of creating trust

West Virginia § 44D-4-401

Ch. 44DUNIFORM TRUST CODE

Art. 4CREATION, VALIDITY, MODIFICATION AND TERMINATION OF TRUST

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Bluebook

W. Va. Code § 44D-4-401 (2026).

Text

(a)A trust may be created by:

(1)Transfer of property to another person as trustee during the grantor's lifetime by the grantor or by will or by other disposition taking effect upon the grantor's death;

(2)Declaration by the owner of property that the owner holds identifiable property as trustee;

(3)Exercise of a power of appointment in favor of a trustee; or

(4)An order of the court.

(b)During the grantor's lifetime, a trust may also be created by the grantor's agent acting in accordance with authority granted under a durable power of attorney which expressly authorizes the agent to create a trust on the grantor's behalf or which expressly authorizes the agent to fund an existing trust of the grantor on the grantor's behalf.

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(a) A trust may be created by:

(1) Transfer of property to another person as trustee during the grantor's lifetime by the grantor or by will or by other disposition taking effect upon the grantor's death;

(2) Declaration by the owner of property that the owner holds identifiable property as trustee;

(3) Exercise of a power of appointment in favor of a trustee; or

(4) An order of the court.

(b) During the grantor's lifetime, a trust may also be created by the grantor's agent acting in accordance with authority granted under a durable power of attorney which expressly authorizes the agent to create a trust on the grantor's behalf or which expressly authorizes the agent to fund an existing trust of the grantor on the grantor's behalf.