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West Virginia

West's Annotated Code of West Virginia. Chapter 44D. Uniform Trust Code. Article 1. General Provisions and Definitions; Article 4. Creation, Validity, Modification and Termination of Trust

Statute Details
Printable Version
Citation: W. Va. Code, 44D-1-110; W. Va. Code, 44D-4-408; W. Va. Code, 44D-4-409

Citation: WV ST 44D-1-110; WV ST 44D-4-408; WV ST 44D-4-409


Last Checked by Web Center Staff: 10/2013

Summary:   These West Virginia statutes regulate trusts for the care of animals. A pet trust may be created to provide for the care of an animal alive during the grantor's lifetime. The trust terminates upon the death of the animal. Property of a trust may be applied only to its intended use. A trust may be enforced by a person appointed in the terms of the trust instrument or by a person appointed by the court.


Statute in Full:

 

§ 44D-1-110. Others treated as qualified beneficiaries

§ 44D-4-408. Trust for care of animal

§ 44D-4-409. Noncharitable trust without ascertainable beneficiary

 

Article 1. General Provisions and Definitions

§ 44D-1-110. Others treated as qualified beneficiaries

(a) Whenever notice to qualified or current beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.

(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter.

(c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section four hundred eight or four hundred nine, article four of this chapter has the rights of a qualified beneficiary under this chapter.

CREDIT(S)

Acts 2011, c. 66, eff. June 10, 2011.

 

Article 4. Creation, Validity, Modification and Termination of Trust

§ 44D-4-408. Trust for care of animal

(a) A trust may be created to provide for the care of an animal alive during the grantor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the grantor's lifetime, upon the death of the last surviving animal.

(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust instrument, property not required for the intended use must be distributed to the grantor, if then living, otherwise to the grantor's successors in interest.

CREDIT(S)

Acts 2011, c. 66, eff. June 10, 2011.

 

§ 44D-4-409. Noncharitable trust without ascertainable beneficiary

Except as otherwise provided in section four hundred eight of this article, or by the provisions of article five-a, chapter thirty-five of this code, or by another statute, the following rules apply:

(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than the period set forth in section one, article one-a, chapter thirty-six of this code.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust instrument or, if no person is so appointed, by a person appointed by the court.

(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust instrument, property not required for the intended use must be distributed to the grantor, if then living, otherwise to the grantor's successors in interest.

CREDIT(S)

Acts 2011, c. 66, eff. June 10, 2011.

 



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