§ 55-1-24 — Definitions applicable to §§

South Dakota § 55-1-24

• Jurisdiction: South Dakota
• Title 55: FIDUCIARIES AND TRUSTS
• Ch. 55-1: CLASSIFICATION AND CREATION OF TRUSTS

Text

Terms used in §§ to 55-1-45 , inclusive, mean: (1) "Beneficial interest," is limited to mean a distribution interest or a remainder interest. A beneficial interest specifically excludes a power of appointment or a power reserved by the settlor; (2) "Distribution beneficiary," a beneficiary who is an eligible distributee or permissible distributee of trust income or principal; (3) "Distribution interest," a distribution interest held by a distribution beneficiary. A distribution interest may be a current distribution interest or a future distribution interest. A distribution interest may be classified as a mandatory interest, a support interest, or a discretionary interest; (4) "Power of appointment," as defined in § 55-1-12 ; (5) "Reach," with respect to a distribution interest or power, to subject the distribution interest or power to a judgment, decree, garnishment, attachment, execution, levy, creditor's bill or other legal, equitable, or administrative process, relief, or control of any court, tribunal, agency, or other entity as provided by law; (6) "Remainder interest," an interest where a trust beneficiary receives the property outright at some time during the future; (7) "Reserved power," a power held by the settlor.

Legislative History

SL 2007, ch 280, § 1; SL 2008, ch 257, § 2; SL 2009, ch 252, § 2; SL 2011, ch 212, § 30; SL 2015, ch 240, § 10; SL 2016, ch 231, § 10.