S.D. Codified Laws § 55-3-40

Validity, construction, and administration of trust with state jurisdiction provision

Applied in 1 court decision — leading case Peterson v. Feldmann (2010)

Most recently applied in Peterson v. Feldmann (June 2010)

Source: SL 1998, ch 282, § 21.

The validity, construction, and administration of a trust with a state jurisdiction provision are determined by the laws of this state, including the:

(1) Capacity of the trustor;

(2) Powers, obligations, liabilities, and rights of the trustees and the appointment and removal of the trustees; and

(3) Existence and extent of powers, conferred or retained, including a trustee's discretionary powers, and the validity of the exercise of a power.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.