South Dakota

55-1-1. Purposes for which trust may be created.

55-1-2. Trusts classified.

55-1-3. Express trust defined.

55-1-4. Creation of express trust--Words or acts of trustor.

55-1-5. Express trust created as to trustee--Words and acts of trustee.

55-1-5.1. Express trust need not be for exclusive benefit of beneficiaries.

55-1-6. Implied trust--Definition--Creation.

55-1-6.1. Implied trust may not prejudice rights of real property purchaser or encumbrancer.

55-1-7. Wrongful detention creates implied trust.

55-1-8. Implied trust resulting from fraud, accident or wrongful act.

55-1-9. Implied trust created by transfer of property in violation of trust.

55-1-10. Transfer of real property to one for money paid by another--Trust presumed.

55-1-11. Implied trust--Declaration by court of equity.

55-1-12. Trustor, trustee, beneficiary, power of appointment, and person defined.

55-1-13. Voluntary trustee--Assumption of relationship.

55-1-14. Interest in existing trust--Transfer by operation of law or written instrument.

55-1-15. Certain trusts not terminated upon trustor's death.

55-1-16. 55-1-16 to 55-1-19. Repealed by SL 2007, ch 280, §§ 21 to 24.

55-1-20. Trusts for noncharitable purposes.

55-1-21. Trust for care of animal, care of other property, or other lawful noncharitable purpose.

55-1-21.1. Termination of trust for care of animal.

55-1-21.2. Judicial reduction of property transferred to trustee if trust corpus exceeds amount required for intended purposes.

55-1-21.3. Court order where fulfillment of purposes are impossible, inexpedient, or unlawful.

55-1-21.4. Enforcement of purpose of trust by enforcer.

55-1-21.5. Removal of enforcer.

55-1-21.6. Discretion of trustee of purpose trust.

55-1-21.7. Judicial designation of trustee--Order to carry out intent of trustor and purpose of trust.

55-1-21.8. Distribution of property upon termination of purpose of trust.

55-1-21.9. Filings, reports, accounting, separation of funds, appointment, and registration of purpose trust not required--Exceptions.

55-1-21.10. Trustee may not use principal and income other than for trust's purposes.

55-1-21.11. Co-enforcer appointment--Powers.

55-1-22. Hybrid purpose trusts valid.

55-1-22.1. Separate shares for beneficiaries and purposes to be maintained in hybrid purpose trust.

55-1-22.2. Beneficiaries' share of a hybrid purpose trust.

55-1-22.3. Spendthrift provision in hybrid purpose trust--Qualified dispositions in trust.

55-1-22.4. Application of §§ 55-1-21 to 55-1-21.9 to hybrid purpose trust--Exceptions.

55-1-22.5. Discretion of trustee of hybrid purpose trust.

55-1-22.6. Enforcer of hybrid purpose trust.

55-1-23. 55-1-23. Repealed by SL 2011, ch 212, § 41.

55-1-24. Definitions applicable to §§ 55-1-24 to 55-1-45.

55-1-24.1. Improper motive.

55-1-24.2. Withdrawal power.

55-1-25. Distinction between discretionary trust and support trust--Creditor rights--Judicial review.

55-1-26. Judicial foreclosure of beneficial interests, powers of appointment, and reserved powers prohibited--Creditors may not reach powers of appointment or remainder interests.

55-1-27. Certain remainder interests not property interests.

55-1-28. Interest of beneficiary or others not reachable by creditors.

55-1-29. Trust property not subject to personal obligations of trustee.

55-1-30. Distribution and remainder interests not relevant to division of marital property.

55-1-31. Resources of settlor's spouse to be considered in making distribution from support trust--Other beneficiary's resources need not be considered.

55-1-32. Alter ego--Pierce the veil, dominion and control claims.

55-1-33. Repealed.

55-1-34. Provision that beneficial interest in trust income or principal may not be transferred before payment to beneficiary permissible.

55-1-35. Trust declaration that beneficiary's interest subject to spendthrift trust--Payment of beneficiary expenses.

55-1-36. Satisfaction of claims of settlor's creditors from trust estate if settlor is beneficiary.

55-1-36.1. Effect on creditor claims of trustee discretionary powers to pay taxes or make reimbursements for taxes.

55-1-37. Application of spendthrift provision.

55-1-38. Classification of distribution interest.

55-1-38.1. Classification of interest as support interest.

55-1-39. Bifurcation of trust.

55-1-40. Language resulting in classification of distribution interest.

55-1-41. Effect of spendthrift provision.

55-1-42. Mandatory or support interests.

55-1-43. Discretionary interests.

55-1-44. Action for fraudulent transfer of settlor's assets--Jurisdiction--Attorneys' fees and costs--Burden of proof.

55-1-45. Limitation of action for fraudulent transfer of settlor's assets.

55-1-46. No contest clause defined--Enforceability.

55-1-47. Extrinsic evidence not admissible to establish settlor's intent concerning no contest clause.

55-1-48. Circumstances under which no contest clause unenforceable.

55-1-49. Contest regarding settlor's signature.

55-1-50. Attorneys fees and costs.

55-1-51. Applicability of §§ 55-1-46 to 55-1-50.

55-1-52. Interest on general pecuniary devises.

55-1-53. Expansion, restriction, elimination, or variance of provisions of general application.

55-1-54. Arbitration.

55-1-55. Trust enforceable although not funded or without res, corpus, or assets.

55-1-56. Registration of trust in court at principal place of administration.

55-1-57. Contents of registration statement.

55-1-58. Confidentiality of registration.

55-1-59. Trust registration form.

55-1A-1. Powers enumerated in chapter apply to any trust unless specifically excluded--Powers as additional to common law powers.

55-1A-2. Trustee defined.

55-1A-3. 55-1A-3, 55-1A-4. Repealed by SL 2002, ch 100, §§ 11, 12

55-1A-4.1. 55-1A-4.1. Repealed by SL 2002, ch 100, § 13

55-1A-5. Retention of trust property by trustee.

55-1A-6. Additions to trust assets.

55-1A-7. Operation of business by trustee.

55-1A-8. Acquisition of undivided interest in trust asset.

55-1A-9. Investment of trust assets.

55-1A-9.1. Affiliated investments.

55-1A-10. Deposit of trust funds in bank.

55-1A-11. Disposal of trust assets.

55-1A-12. Grant or taking of option for disposition of assets.

55-1A-13. Leases by trustees.

55-1A-14. Repairs by trustee--Removal or demolition.

55-1A-15. Razing or erection of party walls or buildings.

55-1A-16. Land development or dedication--Valuation adjustments.

55-1A-17. Mineral and natural resource leases and explorations.

55-1A-18. Insurance.

55-1A-19. Voting stock or securities--Voting trust agreements.

55-1A-20. Payment of calls, assessments, and other sums charged against corporate securities.

55-1A-21. Corporate powers--Stocks--Reorganizations and mergers--Sales and leases.

55-1A-22. Holding stock in nominee's name without disclosing fiduciary relationship.

55-1A-23. Borrowing money against trust assets.

55-1A-24. Contracts binding upon trust.

55-1A-25. Claims in favor of or against trust or trustee.

55-1A-26. Release of claim or lien.

55-1A-27. Payment of trust administration expenses.

55-1A-28. Creation of reserves.

55-1A-29. Payment of sum distributable to minor or other beneficiary under legal disability--Methods.

55-1A-30. Distribution of property and money.

55-1A-31. Employment of agents and assistants.

55-1A-32. Prosecution or defense of actions and proceedings.

55-1A-32.1. Trustee immunity from liability for failure to prosecute, defend, or continue to defend.

55-1A-33. Advance of income or loan to beneficiary--Lien.

55-1A-34. Advance of money for protection of trust--Lien.

55-1A-35. Execution and delivery of instruments.

55-1A-35.1. Electronic execution of documents.

55-1A-36. Holding of two or more trusts with undivided interests.

55-1A-37. Citation of chapter.

55-1A-38. Trustee may perform necessary and appropriate acts.

55-1A-39. Disclaimer of powers by trustee--Time limit.

55-1A-40. Trust name change.

55-1A-41. Co-trustee appointment--Powers.

55-1B-1. Definition of terms.

55-1B-1.1. Governing instrument may provide trust advisor or trust protector with powers and immunities of trustee.

55-1B-2. Excluded fiduciary--Liability limits--Relief from obligations--Burden of proof against.

55-1B-3. Death of grantor.

55-1B-4. Trust advisor, tax trust advisor as fiduciary.

55-1B-5. Excluded fiduciary's liability for loss if trust protector appointed.

55-1B-6. Powers and discretions of trust protector.

55-1B-7. Submission to court jurisdiction--Effect on trust advisor or trust protector.

55-1B-8. Powers of trust protector incorporated by reference in will or trust instrument.

55-1B-9. Investment, distribution, or tax trust advisor--Provided for in instrument.

55-1B-10. Powers and discretions of investment trust advisor.

55-1B-11. Powers and discretions of distribution trust advisor.

55-1B-12. Powers and discretions of family advisor.

55-1B-13. Tax trust advisor--Powers and discretions.