West Virginia Code 44D-8A-814 – Defenses in action against trust director
Current as of: 2023 | Check for updates
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In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
Terms Used In West Virginia Code 44D-8A-814
- Breach of trust: means a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this article, or law of this state, other than this article pertaining to trusts. See West Virginia Code 44D-8A-802
- Trust director: means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. See West Virginia Code 44D-8A-802
- Trustee: A person or institution holding and administering property in trust.