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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 55-1-21.5: Removal of enforcer.

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Where this section sits in the code
  1. TITLE 55. FIDUCIARIES AND TRUSTS
  2. CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS

A trustee may petition the court for the removal of an enforcer. An enforcer may be removed if the court finds:

(1) The enforcer committed a serious breach of the enforcer's duty, or is unfit or unwilling to serve;

(2) A significant and unjustified lack of cooperation or hostility between the enforcer and the trustee, trust protector, or trust advisor; or

(3) There has been a substantial change in circumstances and removal of the enforcer would best serve the purpose or purposes of the trust.

The governing instrument may provide different or additional procedures for the removal of an enforcer.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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