South Dakota Statutes
§ 29A-2-709 — Distribution by representation or per stirpes.
(a)If a governing instrument calls for property to be distributed "by representation" or "per stirpes," the property is divided into as many equal shares as there are (i) children of the designated ancestor who survived the distribution date, if any, and (ii) children of the designated ancestor who failed to survive the distribution date but who left descendants who survived the distribution date. Each surviving child is allocated one share. The share of each child who failed to survive the distribution date but who left descendants who survived the distribution date is allocated in the same manner, with subdivision repeating at each succeeding generation until the share is fully allocated among surviving descendants.
(b)For purposes of this section, "distribution date" means the time wh
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South Dakota § 29A-2-709 (Distribution by representation or per stirpes.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1995, ch 167, § 2-709.
Nearby Sections
15
§ 29A-1-101
Short title.§ 29A-1-102
Purposes--Rule of construction.§ 29A-1-104
Severability.§ 29A-1-106
Effect of fraud and evasion.§ 29A-1-107
Evidence as to death or status.§ 29A-1-108
Acts by holder of general power.§ 29A-1-201
General definitions.§ 29A-1-301
Territorial application.§ 29A-1-303
Venue.§ 29A-1-304
Practice in court.§ 29A-1-305
Records and certified copies.§ 29A-1-306
Jury trial.§ 29A-1-307
Performance of acts and orders.