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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) On application of an authorized fiduciary, a person entitled to notice under § 44D-8B-7(c) of this code, a beneficiary, or with respect to a charitable interest any other person that has standing to enforce the charitable interest, the court may:
(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary;
(2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this article and to exercise the decanting power;
(3) Approve an exercise of the decanting power;
(4) Determine that a proposed or attempted exercise of the decanting power is ineffective because:
(A) After applying § 44D-8B-22 of this code, the proposed or attempted exercise does not, or did not, comply with this article; or
(B) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
(5) Determine the extent to which § 44D-8B-22 of this code applies to a prior exercise of the decanting power;
(6) Provide instructions to the trustee regarding the application of § 44D-8B-22 of this code to a prior exercise of the decanting power; or
(7) Order other relief to carry out the purposes of this article.
(b) On application of an authorized fiduciary, the court may approve:
(1) An increase in the fiduciary's compensation under § 44D-8B-16 of this code; or
(2) A modification under § 44D-8B-18 of this code of a provision granting a person the right to remove or replace the fiduciary.
Cite this article: FindLaw.com - West Virginia Code Chapter 44D. Uniform Trust Code § 44D-8B-9. Court involvement - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-44d-uniform-trust-code/wv-code-sect-44d-8b-9/
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 before relying on it for your legal needs.
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