South Dakota § 55-1-21.8 Distribution of property upon termination of purpose of trust.

South Dakota Statutes

§ 55-1-21.8 — Distribution of property upon termination of purpose of trust.

South Dakota § 55-1-21.8

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-1CLASSIFICATION AND CREATION OF TRUSTS

This text of South Dakota § 55-1-21.8 (Distribution of property upon termination of purpose of trust.) 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 § 55-1-21.8 (2026).

Text

Upon termination of a purpose trust, the trustee shall distribute any remaining trust property as directed in the governing instrument. Only in the event that the governing instrument is silent shall the trustee, upon termination of a purpose trust, distribute any remaining trust property as follows:

(1)If the trust was created in a nonresiduary clause in a testator's will and the will fails to direct the distribution of unexpended trust property, then under the residuary clause of the testator's will, and for the purposes of § 29A-2-707 , the residuary clause is treated as creating a future interest under the terms of a trust; and (2) Otherwise, to the trustor's heirs under § 29A-2-711 .

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Upon termination of a purpose trust, the trustee shall distribute any remaining trust property as directed in the governing instrument. Only in the event that the governing instrument is silent shall the trustee, upon termination of a purpose trust, distribute any remaining trust property as follows: (1) If the trust was created in a nonresiduary clause in a testator's will and the will fails to direct the distribution of unexpended trust property, then under the residuary clause of the testator's will, and for the purposes of § 29A-2-707 , the residuary clause is treated as creating a future interest under the terms of a trust; and (2) Otherwise, to the trustor's heirs under § 29A-2-711 .