South Dakota Statutes
§ 55-1-4 — Creation of express trust--Words or acts of trustor.
South Dakota § 55-1-4
This text of South Dakota § 55-1-4 (Creation of express trust--Words or acts of trustor.) 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 § 55-1-4 (2026).
Text
An express trust is created as to the trustor and beneficiary by any words or acts of the trustor indicating with reasonable certainty:
(1)An intention on the part of the trustor to create a trust; and (2) The subject, purpose, and beneficiary of the trust. Any express trust that concerns real property shall also be evidenced in writing.
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Related
Production Credit Ass'n of the Midlands v. Wynne
474 N.W.2d 735 (South Dakota Supreme Court, 1991)
In Re Elizabeth A. Briggs Revocable Living Trust
2017 SD 40 (South Dakota Supreme Court, 2017)
Jahnel v. First Northwestern Trust Co. of South Dakota
428 N.W.2d 528 (South Dakota Supreme Court, 1988)
Legislative History
SDC 1939, § 59.0105; SL 2017, ch 204, § 5.
Nearby Sections
15
§ 55-1-2
Trusts classified.§ 55-1-20
Trusts for noncharitable purposes.§ 55-1-21.1
Termination of trust for care of animal.§ 55-1-21.11
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Bluebook (online)
South Dakota § 55-1-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/55-1-4.