South Dakota Statutes

§ 55-1-21.5 — Removal of enforcer.

South Dakota § 55-1-21.5
JurisdictionSouth Dakota
Title 55FIDUCIARIES AND TRUSTS
Ch. 55-1CLASSIFICATION AND CREATION OF TRUSTS

This text of South Dakota § 55-1-21.5 (Removal of enforcer.) 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 § 55-1-21.5 (2026).

Text

A trustee may petition the court for the removal of an enforcer. An enforcer may be removed if the court finds:

(1)The enforcer committed a serious breach of the enforcer's duty, or is unfit or unwilling to serve;
(2)A significant and unjustified lack of cooperation or hostility between the enforcer and the trustee, trust protector, or trust advisor; or (3) There has been a substantial change in circumstances and removal of the enforcer would best serve the purpose or purposes of the trust. The governing instrument may provide different or additional procedures for the removal of an enforcer.

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Legislative History

SL 2018, ch 275, § 8; SL 2020, ch 206, § 2.

Nearby Sections

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Bluebook (online)
South Dakota § 55-1-21.5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/55-1-21.5.