South Dakota § 55-1-24.1 Improper motive.

South Dakota Statutes

§ 55-1-24.1 — Improper motive.

South Dakota § 55-1-24.1

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-1CLASSIFICATION AND CREATION OF TRUSTS

This text of South Dakota § 55-1-24.1 (Improper motive.) 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 § 55-1-24.1 (2026).

Text

For purposes of §§ 55-1-24 to 55-1-45 , inclusive, improper motive is demonstrated by action such as the following:

(1)A trustee refusing to make or limiting distributions to beneficiaries other than the trustee due to the trustee's self interest when the trustee also holds a beneficial interest subject to a discretionary interest; or (2) A trustee making a distribution in excess of an ascertainable standard to himself or herself as beneficiary when the trustee is restricted by an ascertainable standard in the trust.

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For purposes of §§ 55-1-24 to 55-1-45 , inclusive, improper motive is demonstrated by action such as the following: (1) A trustee refusing to make or limiting distributions to beneficiaries other than the trustee due to the trustee's self interest when the trustee also holds a beneficial interest subject to a discretionary interest; or (2) A trustee making a distribution in excess of an ascertainable standard to himself or herself as beneficiary when the trustee is restricted by an ascertainable standard in the trust.