{"data":{"id":"us-sd/sdcl-55-1-39","jurisdiction":"us-sd","citation":"SDCL § 55-1-39","heading":"Bifurcation of trust.","body":"To the extent a trust contains any combination of a mandatory provision, a support provision, the trust shall be bifurcated as follows:\n(1) The trust shall be a mandatory interest only to the extent of the mandatory language;\n(2) The trust shall be a support interest only to the extent of such support language;\n(3) The remaining trust property shall be held as a discretionary interest;\n(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.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS"],"source_url":"https://sdlegislature.gov/Statutes/55-1-39","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"74b7583c8f5d61b2845d0c21c2c8e012031892540e3de98bd0372dd5467ea10d","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-1-38.1","next":"us-sd/sdcl-55-1-40"},"notice":"GroundRules: Original legal text. Not legal advice."}