There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
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.
- §55-1-6 Implied trust--Definition--Creation.
- §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 Definition of terms--Trustor--Trustee--Beneficiary.
- §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 Repealed.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 designated animal.
- §55-1-22 Provisions governing trusts for specific purposes selected by trustee and for care of animals.
- §55-1-23 Repealed.
- §55-1-24 Definitions.
- §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 Removal or replacement power over trustee not exercisable by beneficiary's creditors--Interests of trustee beneficiary not reachable.
- §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.
- §55-1-37 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.
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