West Virginia Code
1 - CREATION OF ESTATES GENERALLY
1A - UNIFORM STATUTORY RULE AGAINST
2 - DISPOSITION OF ESTATES SUBJECT
3 - FORM AND EFFECT OF DEEDS AND CO
4 - COVENANTS
6 - UNIFORM PRINCIPAL AND INCOME AC
7 - UNIFORM TRANSFERS TO MINORS ACT
8 - UNIFORM UNCLAIMED PROPERTY ACT
8A - UNCLAIMED STOLEN PROPERTY HELD
9 - WEST VIRGINIA REAL ESTATE TIME-
10 - UNIFORM TRANSFER ON DEATH SEC
11 - UNIFORM UNINCORPORATED NONPRO
12 - UNIFORM REAL PROPERTY TRANSFE
CHAPTER 36. ESTATES AND PROPERTY.
ARTICLE 5. RELEASE OR DISCLAIMER OF POWERS OF APPOINTMENT.
Any general power, whether exercisable by will, by deed, by will or deed, or otherwise, to appoint property, whether real or personal or both, may be released or disclaimed by the person or persons having such power, with or without consideration, wholly or partially. Any such power may be released or disclaimed with respect to the whole or any part of the property subject thereto; and any such power may also be released or disclaimed in such manner as to reduce, limit, or restrict the persons or objects, or classes of persons or objects, to or among any one or more of whom, but no others, the property subject to such power may be appointed by an exercise thereof, as fully as the creator of such power himself could have so reduced, limited or restricted the same and with like effect as if he had.
Any release or disclaimer mentioned in section one of this article may be effected by a written instrument signed and acknowledged as a deed by the person or persons having the general power to appoint mentioned in that section; and such instrument may be delivered by filing it for record in the office of the clerk of the county court of the county wherein the will, deed or other instrument creating such power is recorded. Such clerk shall record such instrument of release or disclaimer as a deed is recorded, index it, and note a reference to the record thereof on the margin of the record of the will, deed or other instrument creating such power.
Any other power than a general one, whether exercisable by will, by deed, by will or deed, or otherwise, to appoint property, real or personal or both, may be released or disclaimed to the extent that a release or disclaimer thereof would not be contrary to any manifest intent or purpose of the creator of such power expressly set forth in the will, deed or other instrument creating such power; and to the extent so releasable or disclaimable it may be released or disclaimed in like manner as above provided in this article for the release or disclaimer of a general power of appointment, and with like effect.
Any release or disclaimer of a general or other releasable or disclaimable power of appointment heretofore made in conformity with the provisions of the foregoing sections of this article shall be as valid, binding and effective as if hereafter so made.
Nothing in this article contained shall affect the validity of any release or disclaimer of any power of appointment heretofore or hereafter lawfully effected in any other form or manner.