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

SDCL § 55-1-39: Bifurcation of trust.

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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

To the extent a trust contains any combination of a mandatory provision, a support provision, the trust shall be bifurcated as follows:

(1) The trust shall be a mandatory interest only to the extent of the mandatory language;

(2) The trust shall be a support interest only to the extent of such support language;

(3) The remaining trust property shall be held as a discretionary interest;

(4) A support interest that includes mandatory language such as "shall" but is subsequently qualified by discretionary language, shall be classified as a discretionary interest and not as a support interest.

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

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