44D-4-401 Methods of creating trust
44D-4-402 Requirement for creation
44D-4-403 Trusts created in other jurisdictions
44D-4-404 Trust purposes
44D-4-405 Charitable purposes; enforcement
44D-4-406 Creation of trust induced by fraud, duress or undue influence
44D-4-407 Oral trusts unenforceable
44D-4-408 Trust for care of animal
44D-4-409 Noncharitable trust without ascertainable beneficiary
44D-4-410 Modification or termination of trust; proceedings for approval or disapproval
44D-4-411 Modification or termination of noncharitable irrevocable trust by consent
44D-4-412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively
44D-4-413 Cy pres
44D-4-414 Modification or termination of uneconomic trust
44D-4-415 Reformation to correct mistakes
44D-4-416 Modification to achieve grantor’s tax objectives
44D-4-417 Combination and division of trusts
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Terms Used In West Virginia Code > Chapter 44D > Article 4 - Creation, Validity, Modification and Termination of Trust

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.