The terms of a governing instrument may expand, restrict, eliminate, or otherwise vary any provisions of general application to trusts and trust administration. Nothing in this section allows the terms of the governing instrument to expand, restrict, eliminate, or otherwise vary the duties, restrictions, and liabilities imposed by the provisions of §§ 55-4-11 and 55-4-12.
S.D. Codified Laws § 55-1-53
Expansion, restriction, elimination, or variance of provisions of general application
Applied in 1 court decision — leading case PLAINS COMMERCE BANK, INC. v. BECK (2023)
Most recently applied in PLAINS COMMERCE BANK, INC. v. BECK (February 2023)
Source: SL 2015, ch 240, § 14; SL 2018, ch 275, § 21.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.