South Dakota Statutes

§ 29A-1-106 — Effect of fraud and evasion.

South Dakota § 29A-1-106
JurisdictionSouth Dakota
Title 29AUNIFORM PROBATE CODE
Ch. 29A-1CURATIVE STATUTES [REPEALED]

This text of South Dakota § 29A-1-106 (Effect of fraud and evasion.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 29A-1-106 (2026).

Text

If fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section does not limit remedies relating to fraud perpetrated on a decedent during the decedent's lifetime which affect the succession of the decedent's estate.

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Related

Matter of Estate of O'Keefe
1998 SD 92 (South Dakota Supreme Court, 1998)
55 case citations

Legislative History

SL 1995, ch 167, § 1-106.

Nearby Sections

15
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Bluebook (online)
South Dakota § 29A-1-106, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/29A-1-106.