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S.D. Codified Laws § 55-4-38

Limitation on trustee's power to make distributions to his or her benefit

Known as the Uniform Trusts Act

The act spans §§ 55–55 (57 sections).

Source: SL 2000, ch 229, § 4; SL 2007, ch 281, § 8.

Unless the terms of the trust refer to this section and provide otherwise, a power, including the power to make a distribution to another trust under § 55-2-15, that is exercisable by or attributable to a person, other than the settlor, in such person's capacity as a trustee to make discretionary distribution of either principal or income:

(1) To or for the benefit of himself or herself is exercisable by the person only for the person's health, education, maintenance, and support in the person's accustomed manner of living; or

(2) To or for the benefit of others, is not exercisable to discharge any of the person's own legal obligations.

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