West Virginia § 44D-4-412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively

West Virginia Statutes

§ 44D-4-412 — Modification or termination because of unanticipated circumstances or inability to administer trust effectively

West Virginia § 44D-4-412

Ch. 44DUNIFORM TRUST CODE

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

This text of West Virginia § 44D-4-412 (Modification or termination because of unanticipated circumstances or inability to administer trust effectively) 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-4-412 (2026).

Text

(a)The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the grantor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the grantor's probable intention.

(b)The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.

(c)Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.

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(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the grantor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the grantor's probable intention.

(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.

(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.