West Virginia § 44D-8B-4 Fiduciary duty

West Virginia Statutes

§ 44D-8B-4 — Fiduciary duty

West Virginia § 44D-8B-4

Ch. 44DUNIFORM TRUST CODE

Art. 8BWEST VIRGINIA UNIFORM TRUST DECANTING ACT

This text of West Virginia § 44D-8B-4 (Fiduciary duty) 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-4 (2026).

Text

(a)In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.

(b)This article does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this article.

(c)Except as otherwise provided in a first-trust instrument, for purposes of this article and §44D-8-1 and §44D-8-2(a) of this code, the terms of the first trust are considered to include the decanting power.

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(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.

(b) This article does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this article.

(c) Except as otherwise provided in a first-trust instrument, for purposes of this article and §44D-8-1 and §44D-8-2(a) of this code, the terms of the first trust are considered to include the decanting power.