{"data":{"id":"us-sd/sdcl-55-3-28","jurisdiction":"us-sd","citation":"SDCL § 55-3-28","heading":"Terms of trust may be reformed by court.","body":"On petition by a trustee or beneficiary, the court may reform the terms of the trust, based upon a showing by the preponderance of the evidence and without any preliminary showing of an ambiguity, to conform to the trustor's intention if the failure to conform was due to a mistake of fact or law or a scrivener's error and the trustor's intent can be established. The terms of the trust may be construed or modified, in a manner that does not violate the trustor's probable intention, to achieve the trustor's tax objectives.","path":["TITLE 55. FIDUCIARIES AND TRUSTS","CHAPTER 55-3. EXPRESS TRUSTS FOR THIRD-PARTY BENEFICIARIES"],"source_url":"https://sdlegislature.gov/Statutes/55-3-28","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"4a00766aa80f3c40ae6404955a84be4c2436fd36584bedb849087d3fb31cf522","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-55-3-27","next":"us-sd/sdcl-55-3-29"},"notice":"GroundRules: Original legal text. Not legal advice."}