West Virginia § 44D-8A-811 No duty to monitor, inform, or advise

West Virginia Statutes

§ 44D-8A-811 — No duty to monitor, inform, or advise

West Virginia § 44D-8A-811

Ch. 44DUNIFORM TRUST CODE

Art. 8AWEST VIRGINIA UNIFORM DIRECTED TRUST ACT

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Bluebook

W. Va. Code § 44D-8A-811 (2026).

Text

(a)Unless the terms of a trust provide otherwise:

(1)A trustee does not have a duty to:

(A)Monitor a trust director; or

(B)Inform or give advice to a grantor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and

(2)By taking an action described in §44D-8A-811(a)(1) of this code, a trustee does not assume the duty excluded by §44D-8A-811(a)(1) of this code.

(b)Unless the terms of a trust provide otherwise:

(1)A trust director does not have a duty to:

(A)Monitor a trustee or another trust director; or

(B)Inform or give advice to a grantor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust di

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(a) Unless the terms of a trust provide otherwise:

(1) A trustee does not have a duty to:

(A) Monitor a trust director; or

(B) Inform or give advice to a grantor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and

(2) By taking an action described in §44D-8A-811(a)(1) of this code, a trustee does not assume the duty excluded by §44D-8A-811(a)(1) of this code.

(b) Unless the terms of a trust provide otherwise:

(1) A trust director does not have a duty to:

(A) Monitor a trustee or another trust director; or

(B) Inform or give advice to a grantor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and

(2) By taking an action described in §44D-8A-811(b)(1) of this code, a trust director does not assume the duty excluded by §44D-8A-811(b)(1) of this code.