West Virginia § 44D-8B-16 Change in compensation

West Virginia Statutes

§ 44D-8B-16 — Change in compensation

West Virginia § 44D-8B-16

Ch. 44DUNIFORM TRUST CODE

Art. 8BWEST VIRGINIA UNIFORM TRUST DECANTING ACT

This text of West Virginia § 44D-8B-16 (Change in compensation) 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-8B-16 (2026).

Text

(a)If a first-trust instrument specifies an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the specified compensation unless:

(1)All qualified beneficiaries of the second trust consent to the increase in a signed record; or

(2)The increase is approved by the court.

(b)If a first-trust instrument does not specify an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the compensation permitted by this chapter unless:

(1)All qualified beneficiaries of the second trust consent to the increase in a signed record; or

(2)The increase is approved by the court.

(c)A change in an authorized fiduciary’s compensation wh

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(a) If a first-trust instrument specifies an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the specified compensation unless:

(1) All qualified beneficiaries of the second trust consent to the increase in a signed record; or

(2) The increase is approved by the court.

(b) If a first-trust instrument does not specify an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the compensation permitted by this chapter unless:

(1) All qualified beneficiaries of the second trust consent to the increase in a signed record; or

(2) The increase is approved by the court.

(c) A change in an authorized fiduciary’s compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary’s compensation for purposes of subsections (a) and (b) of this section.