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

SDCL § 55-4-38: Limitation on trustee's power to make distributions to his or her benefit.

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Where this section sits in the code
  1. TITLE 55. FIDUCIARIES AND TRUSTS
  2. CHAPTER 55-4. UNIFORM TRUSTS ACT

Unless the terms of the trust refer to this section and provide otherwise, a power, including the power to make a distribution to another trust under § 55-2-15, that is exercisable by or attributable to a person, other than the settlor, in such person's capacity as a trustee to make discretionary distribution of either principal or income:

(1) To or for the benefit of himself or herself is exercisable by the person only for the person's health, education, maintenance, and support in the person's accustomed manner of living; or

(2) To or for the benefit of others, is not exercisable to discharge any of the person's own legal obligations.

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

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