{"data":{"id":"us-sd/sdcl-55-1-42","jurisdiction":"us-sd","citation":"SDCL § 55-1-42","heading":"Mandatory or support interests.","body":"A beneficiary of a mandatory or a support interest has an enforceable right to a distribution pursuant to a court's review. A trustee's distribution decision may be reviewed for unreasonableness, dishonesty, improper motivation, or failure, if under a duty to do so, to act. This does not, however, raise the beneficiary's support interest to the level of a property interest.\nIf the trust contains a spendthrift provision, notwithstanding the beneficiary's right to force a distribution with regard to a mandatory or support interest, no creditor may force a distribution with regard to a mandatory or support interest. No creditor may reach present or future support distributions with regard to a mandatory or support interest.\nRegardless of whether a beneficiary has any outstanding creditor, a trustee of a mandatory or a support interest may directly pay any expense on behalf of such beneficiary. No trustee is liable to any creditor for paying the expenses of a beneficiary of a mandatory or support interest.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-1. CLASSIFICATION AND CREATION OF TRUSTS"],"source_url":"https://sdlegislature.gov/Statutes/55-1-42","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"c0113aa36fe96ac2243c59e13ed0107f37cc8925cb3164f8ac3d42a4134c45bc","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-1-41","next":"us-sd/sdcl-55-1-43"},"notice":"GroundRules: Original legal text. Not legal advice."}