West Virginia Code § 36-1A-5

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(a) Except as extended by subsection (c) of this section, this article applies to a nonvested
property interest or a power of appointment that is created on or after July 1, 2025. For
purposes of this section, a nonvested property interest or a power of appointment created by
the exercise of a power of appointment is created when the power is irrevocably exercised or
when a revocable exercise becomes irrevocable. e
(b) This article also applies to a power of appointment that was created before July 1, 2025,
but only to the extent that it remains unexercised on July 1, 2025.
(c) If a nonvested property interest or a power of appointment was created before the
effective date of this article and is determined in a judicial proceeding, commenced on or
after the effective date of this article, to violate this state's rule against perpetuities as that
rule existed before the effective date of this article, a court upon the petition of an interested
person may reform the disposition in the manner that most closely approximates the
transferor's manifested plan of distribution and is wlithin the limits of the rule against
perpetuities applicable when the nonvested prsoperty interest or power of appointment was
created.

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