West Virginia § 44D-8B-22 Saving provision

West Virginia Statutes

§ 44D-8B-22 — Saving provision

West Virginia § 44D-8B-22

Ch. 44DUNIFORM TRUST CODE

Art. 8BWEST VIRGINIA UNIFORM TRUST DECANTING ACT

This text of West Virginia § 44D-8B-22 (Saving provision) 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-22 (2026).

Text

(a)If exercise of the decanting power would be effective under this article except that the second-trust instrument in part does not comply with this article, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:

(1)A provision in the second-trust instrument which is not permitted under this article is void to the extent necessary to comply with this article; and

(2)A provision required by this article to be in the second-trust instrument which is not contained in the instrument is considered to be included in the instrument to the extent necessary to comply with this article.

(b)If a trustee or other fiduciary of a second trust determines that subsection (a) of this section a

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(a) If exercise of the decanting power would be effective under this article except that the second-trust instrument in part does not comply with this article, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:

(1) A provision in the second-trust instrument which is not permitted under this article is void to the extent necessary to comply with this article; and

(2) A provision required by this article to be in the second-trust instrument which is not contained in the instrument is considered to be included in the instrument to the extent necessary to comply with this article.

(b) If a trustee or other fiduciary of a second trust determines that subsection (a) of this section applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary’s duties.