W. Va. Code § 44D-8B-18

Current through 2024 First Special Session
Section 44D-8B-18 - Removal or replacement of authorized fiduciary

An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:

(1) The person holding the power consents to the modification in a signed record and the modification applies only to the person;
(2) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(3) The court approves the modification and the modification grants a substantially similar power to another person.

W. Va. Code § 44D-8B-18

Added by 2020 Acts, ch. 200 (SB 668), eff. 7/1/2020.