On petition by a trustee or beneficiary, the court may modify the administrative or dispositive terms of the trust or terminate the trust if, because of circumstances not anticipated by the trustor, modification or termination of the trust would substantially further the trustor's purposes in creating the trust. Upon termination of a trust under this section, the trust property shall be distributed in accordance with the trustor's probable intention.
S.D. Codified Laws § 55-3-26
Petition to modify terms of trust--Circumstances--Distribution of property
Applied in 4 court decisions — leading case In Re the Administration of the Florence Y. Wallbaum Revocable Living Trust Agreement (2012)
Most recently applied in Matter of Petersen Trust (August 2023)
Source: SL 1998, ch 282, § 4.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.