{"data":{"id":"us-sd/sdcl-55-1-40","jurisdiction":"us-sd","citation":"SDCL § 55-1-40","heading":"Language resulting in classification of distribution interest.","body":"Although not the exclusive means to create a distribution interest, absent clear and convincing evidence to the contrary, the following language by itself results in the following classification of distribution interest:\n(1) Mandatory interest:\n(a) \"All income shall be distributed to (named beneficiary)\"; or\n(b) \"One hundred thousand dollars a year shall be distributed to (named beneficiary)\";\n(2) Support interest:\n(a) \"The trustee shall make distributions for health, education, maintenance, and support\";\n(3) Discretionary interest:\n(a) \"The trustee, may, in the trustee's sole and absolute discretion make distributions for health, education, maintenance, and support\";\n(b) \"The trustee, in the trustee's sole and absolute discretion, shall make distributions for health, education, maintenance, and support\";\n(c) \"The trustee may make distributions for health, education, maintenance, and support\";\n(d) \"The trustee shall make distributions for health, education, maintenance, and support. The trustees may exclude any of the beneficiaries or may make unequal distributions among them\";\n(e) \"The trustee may make distributions for health, education, maintenance, support, comfort, and general welfare.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS"],"source_url":"https://sdlegislature.gov/Statutes/55-1-40","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"aa2bb54e8d0d892e3a142683151a89bb1a8eb4961319044f5700f2e7a08880e1","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-1-39","next":"us-sd/sdcl-55-1-41"},"notice":"GroundRules: Original legal text. Not legal advice."}