West Virginia Statutes
§ 44D-8B-22 — Saving provision
(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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Legislative History
2020 Reg. Sess., SB668
Nearby Sections
15
§ 44D-1-101
Short title§ 44D-1-102
Scope§ 44D-1-103
Definitions§ 44D-1-104
Knowledge§ 44D-1-105
Default and mandatory rules§ 44D-1-106
Common law of trusts; principles of equity§ 44D-1-107
Governing law§ 44D-1-108
Principal place of administration§ 44D-1-109
Methods and waiver of notice§ 44D-1-110
Others treated as qualified beneficiaries§ 44D-1-111
Nonjudicial settlement agreements§ 44D-1-112
Rules of construction§ 44D-1-113
Insurable interest of trustee§ 44D-10-1001
Remedies for breach of trust§ 44D-10-1002
Damages for breach of trust