§ 44D-4-401

W. Va. Code § 44D-4-401

Methods of creating trust.

  1. (a) A trust may be created by:

    1. (1) Transfer of property to another person as trustee during the grantor's lifetime by the grantor or by will or by other disposition taking effect upon the grantor's death;
    2. (2) Declaration by the owner of property that the owner holds identifiable property as trustee;
    3. (3) Exercise of a power of appointment in favor of a trustee; or
    4. (4) An order of the court.
  2. (b) During the grantor's lifetime, a trust may also be created by the grantor's agent acting in accordance with authority granted under a durable power of attorney which expressly authorizes the agent to create a trust on the grantor's behalf or which expressly authorizes the agent to fund an existing trust of the grantor on the grantor's behalf.
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