(a) In this section, 'mandatory distribution' means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust instrument, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if:(1) The discretion is expressed in the form of a standard of distribution; or(2) The terms of the trust instrument authorizing a distribution couple language of discretion with language of direction.(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
West Virginia Legal Code