2014 South Dakota Codified Laws
Title 55 - FIDUCIARIES AND TRUSTS
Chapter 01 - Classification And Creation Of Trusts
§ 55-1-46 No contest clause defined--Enforceability.
55-1-46. No contest clause defined--Enforceability. For purposes of §§ 55-1-46 to 55-1-51, inclusive, a no contest clause is a provision or clause in a trust, that penalizes a qualified beneficiary for contesting a trust or instituting other proceedings at law or equity relating to the trust estate, excluding proceedings related to trust administration. Except as provided in §§ 55-1-47 to 55-1-51, inclusive, a no contest clause shall be enforced unless probable cause exists for instituting the proceeding on the grounds of:
(1) Fraud;
(2) Duress;
(3) Revocation;
(4) Lack of contractual capacity;
(5) Undue influence;
(6) Mistake;
(7) Forgery; or
(8) Irregularity in the execution of the trust document.
Source: SL 2012, ch 233, § 8.
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