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WVC 44 D- 1 - 105 §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;

     (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 section four hundred ten through four hundred sixteen, article four of this chapter;

     (5) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article five of this chapter;

     (6) The power of the court under section seven hundred two, article seven of this chapter to require, dispense with, or modify or terminate a bond;

     (7) The power of the court under subsection (b), section seven hundred eight, article seven of this chapter, to adjust a trustee's compensation specified in the terms of the trust instrument which is unreasonably low or high;

     (8) The effect of an exculpatory term under section one thousand eight, article ten of this chapter;

     (9) The rights under sections one thousand ten through one thousand thirteen, article ten of this chapter, 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 sections two hundred three and two hundred four, article two of this chapter.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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