55-1-24.1. Improper motive.
84 words·~1 min read·
/sd/title-55/chapter-55-1/55-1-24-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of §§ 55-1-24 to 55-1-45 , inclusive, improper motive is demonstrated by action such as the following:
(1)A trustee refusing to make or limiting distributions to beneficiaries other than the trustee due to the trustee's self interest when the trustee also holds a beneficial interest subject to a discretionary interest; or
(2)A trustee making a distribution in excess of an ascertainable standard to himself or herself as beneficiary when the trustee is restricted by an ascertainable standard in the trust.