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West Virginia Code


Chapter 44 D     Entire Code
‹ Chapter 44C  |  Chapter 45 › Printer Friendly Versions
Chapter 44D  |  Article 44D - 11
WVC 44 D-
WVC 44 D- 11 - ARTICLE 11. MISCELLANEOUS PROVISIONS. WVC 44 D- 11 -1101 §44D-11-1101. Uniformity of application and construction.
     In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. WVC 44 D- 11 -1102 §44D-11-1102. Electronic records and signatures.
     The provisions of this chapter governing the legal effect, validity or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of the records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act. WVC 44 D- 11 -1103 §44D-11-1103. Severability clause.
     If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. WVC 44 D- 11 -1104 §44D-11-1104. Effective date.
     This chapter takes effect on July 1, 2011. WVC 44 D- 11 -1105 §44D-11-1105. Application to existing relationships.
     (a) Except as otherwise provided in this chapter:

     (1) This chapter applies to all trusts created before, on, or after July 1, 2011;

     (2) This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2011;

     (3) This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2011, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;

     (4) Any rule of construction or presumption provided in this chapter applies to trust instruments executed before July 1, 2011, unless there is a clear indication of a contrary intent in the terms of the trust instrument; and

     (5) An act done before July 1, 2011 is not affected by this


     (b) If a right is acquired or vested before July 1, 2011, or if a right is extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2011, that right or statute continues to apply even if the statute has been repealed or superseded.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.

Recent legislation affecting the Code

Citation Year/Session Short Title
§44 D- 5 - 503 A - (New Code)
§44 D- 5 - 503 B - (New Code)
§44 D- 5 - 503 C - (New Code)
§44 D- 5 - 505 - (Amended Code)
PASSED - Regular Session

SB493 SUB1 ENR  (Uploaded - 03/15/2016)
Allowing creation of self-settled spendthrift trusts
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