{"data":{"id":"us-sd/sdcl-55-1a-32.1","jurisdiction":"us-sd","citation":"SDCL § 55-1A-32.1","heading":"Trustee immunity from liability for failure to prosecute, defend, or continue to defend.","body":"If the trustee fails to prosecute, defend, or continue to defend the trust or its assets because the conditions set forth in subdivision 55-1A-32(1) or (2) have not been fulfilled, the trustee is not liable for any such failure even if the failure, including without limitation a withdrawal from a proceeding, may result in the granting or awarding of relief against the trustee or the trust, including without limitation a distribution of trust assets in satisfaction of a claim.\nFor purposes of chapter 55-1A, the term, prosecute, or, defend or continue to defend, means:\n(1) Instituting, participating in, intervening in or defending a lawsuit, action in equity or administrative, arbitration or mediation proceeding (collectively a proceeding); or\n(2) Taking any other action to resist such claim.\nThis section and § 55-1A-32 control unless the governing instrument specifically provides otherwise.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-1A. TRUSTEES' POWERS"],"source_url":"https://sdlegislature.gov/Statutes/55-1A-32.1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"5038317b7631cd9e69caf0db577b03fe54eeebf2464f64e3bec1953022b98bae","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-1a-32","next":"us-sd/sdcl-55-1a-33"},"notice":"GroundRules: Original legal text. Not legal advice."}