Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
(a) Except as otherwise provided in the terms of the trust instrument, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this chapter except:
(1) The requirements for creating a trust;
(2) The duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust but subject to the provisions of § 44D-8A-809, § 44D-8A-811, and § 44D-8A-812 of this code;
(3) The requirement that a trust and its terms have a purpose that is lawful, not contrary to public policy, and possible to achieve;
(4) The power of the court to modify or terminate a trust under § 44D-4-410 through § 44D-4-416, inclusive, of this code;
(5) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in § 44D-5-501 et seq. of this code;
(6) The power of the court under § 44D-7-702 of this code to require, dispense with, or modify or terminate a bond;
(7) The power of the court under § 44D-7-708(b) of this code to adjust a trustee's compensation specified in the terms of the trust instrument which is unreasonably low or high;
(8) The effect of an exculpatory term under § 44D-10-1008 of this code;
(9) The rights under § 44D-10-1010 through § 44D-10-1013, inclusive, of this code of a person other than a trustee or beneficiary;
(10) Periods of limitation for commencing a judicial proceeding;
(11) The power of the court to take action and exercise jurisdiction as may be necessary in the interests of justice; and
(12) The subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in § 44D-2-203 and § 44D-2-204 of this code.
Cite this article: FindLaw.com - West Virginia Code Chapter 44D. Uniform Trust Code § 44D-1-105. Default and mandatory rules - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-44d-uniform-trust-code/wv-code-sect-44d-1-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)