2022 West Virginia Code
Chapter 44D. Uniform Trust Code
Article 1. General Provisions and Definitions
§44D-1-105. Default and Mandatory Rules
(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 trustees 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.
