55-18-5. Notice, service of process, and consent not required of certain persons.
136 words·~1 min read·
/sd/title-55/chapter-55-18/55-18-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Neither notice nor service of process on, nor consent to, any matter in any proceeding is required from:
(1)An unborn individual;
(2)An unascertained person;
(3)The potential appointee of a power of appointment;
(4)The potential taker in default of a general power of appointment;
(5)An uninterested beneficiary; and
(6)A person bound by a representative.
Notwithstanding subdivisions
(1)and (2), if no interested beneficiary, or representative thereof, would otherwise receive notice or provide consent with respect to the matter in question, a representative of an unborn or unascertained person shall act pursuant to § 55-18-9 .
Notwithstanding subdivision (5), with respect to the matter in question, notice is required to, or consent is required from, an uninterested beneficiary who does not have a substantially identical interest with one or more interested beneficiaries.