South Dakota § 55-1-39 Bifurcation of trust.

South Dakota Statutes

§ 55-1-39 — Bifurcation of trust.

South Dakota § 55-1-39

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-1CLASSIFICATION AND CREATION OF TRUSTS

This text of South Dakota § 55-1-39 (Bifurcation 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 § 55-1-39 (2026).

Text

To the extent a trust contains any combination of a mandatory provision, a support provision, the trust shall be bifurcated as follows:

(1)The trust shall be a mandatory interest only to the extent of the mandatory language;

(2)The trust shall be a support interest only to the extent of such support language;

(3)The remaining trust property shall be held as a discretionary interest;

(4)A support interest that includes mandatory language such as "shall" but is subsequently qualified by discretionary language, shall be classified as a discretionary interest and not as a support interest.

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To the extent a trust contains any combination of a mandatory provision, a support provision, the trust shall be bifurcated as follows: (1) The trust shall be a mandatory interest only to the extent of the mandatory language; (2) The trust shall be a support interest only to the extent of such support language; (3) The remaining trust property shall be held as a discretionary interest; (4) A support interest that includes mandatory language such as "shall" but is subsequently qualified by discretionary language, shall be classified as a discretionary interest and not as a support interest.