The provisions of this chapter may be expanded, restricted, eliminated, or otherwise altered by express provisions of the trust instrument. The trustee is not liable to a beneficiary for the trustee's reasonable and good faith reliance on those express provisions.
S.D. Codified Laws § 55-5-12
Precedence of express provisions of trust instrument
Applied in 1 court decision — leading case Redlin Trust v. First Interstate Bank (2024)
Most recently applied in Redlin Trust v. First Interstate Bank (January 2024)
Source: SL 1995, ch 271, § 12.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.