1. In Writing: The trust must be created by a written document; West Virginia does not recognize oral trusts.^[1]
2. Competent: The grantor must have the capacity to establish the trust.
3. Intent: The grantor must indicate an intention to create a trust.
4. Definite Beneficiary: Unless it is a trust for the care of an animal or a charitable trust, the trust must have a definite beneficiary.
5. Sole Trustee Cannot be the Sole Beneficiary: The same person cannot be both the sole trustee and the sole beneficiary of the trust.
6. Trustee’s Duties: The trustee must have duties to perform.^[2]

Amending/Revoking – Unless the terms of the trust expressly state that it is irrevocable, the grantor may amend or revoke the trust.^[3]

Bond Requirement – The trustee must put forward a bond to secure the performance of their duties only if this is a requirement under the terms of the trust or the court has found such a bond necessary to protect the interests of the beneficiaries.^[4]

Certification of Trust – Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may provide a certification of trust containing specific information regarding the trust, the trustee, and the grantor.^[5]

Co-Trustees – Unless the terms of the trust instrument state otherwise, co-trustees who are unable to reach a unanimous decision may act by majority decision.^[6]

Contesting a Trust – An interested person must commence a proceeding contesting the validity of a trust within two years of the grantor’s death or within six months of having received notice from the trustee of the trust’s existence, whichever is earlier.^[7]

Costs Related to the Trust – In administering the trust, the trustee may only incur costs that are reasonable given the trust property, its purposes, and the trustee’s skills.^[8]

Jurisdiction – A trust created in another jurisdiction is valid in West Virginia if it was created in compliance with the laws of that jurisdiction.^[9]

Oral Trusts – Oral trusts are unenforceable in the state of West Virginia.^[1]

Pet Trusts – A trust created to provide for the care of an animal or animals is valid, as long as the animal was alive during the grantor’s lifetime. The trust terminates upon the death of the last surviving animal cared for by the trust.^[10]

Signing Requirements – It is not necessary to sign the trust instrument for a living trust to be valid in West Virginia.

Spendthrift Provision – A spendthrift provision is valid if it contains language substantially to the effect that it restrains both the voluntary and involuntary transfer of a beneficiary’s interest.^[11]

Trustee’s Compensation – If the terms of the trust do not specify the trustee’s compensation, the trustee is otherwise entitled to reasonable compensation.^[12]

Trustee’s Duties – Upon accepting a trusteeship, the trustee must prudently administer the trust and invest trust assets in good faith, in the interest of the beneficiaries, and in accordance with the trust’s terms and purpose.^[13]

Trustee’s Powers – Among other specific powers enumerated by West Virginia law, the trustee has the power to retain original property, sell and exchange property, invest and reinvest assets, and manage real property.^[14]