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2019 South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 01 - Classification And Creation Of Trusts
- § 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 to 55-1-19. Repealed.
- § 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.
- § 55-1-21.10 Trustee may not use principal and income other than for trust's purposes .
- § 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 Repealed.
- § 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 Factors which are not dominion and control over trust.
- § 55-1-33 Factors which are insufficient evidence that settlor controls or is alter ego of trustee.
- § 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.
- § 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.
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