SDCL § 55-1-39: Bifurcation of trust.
Where this section sits in the code
- TITLE 55. FIDUCIARIES AND TRUSTS
- 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