(b) Unless either: (1) Mandatory; (2) limited by an ascertainable standard relating to the health, education, support or maintenance of the fiduciary; or (3) exercisable by the fiduciary only in conjunction with another person having a substantial interest in the trust which is adverse to the interest of the fiduciary, a power to make distributions of principal or income is a discretionary power for purposes of this section.
(c) This section does not apply to trusts that come into
existence or are amended after the effective date of this section which show a clear intent that this section does not apply.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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