Home/South Dakota/Statutes/Title 55: FIDUCIARIES AND TRUSTS/Ch. 55-1: CLASSIFICATION AND CREATION OF TRUSTS/§ 55-1-41
South Dakota Statutes

§ 55-1-41 — Effect of spendthrift provision.

South Dakota § 55-1-41
JurisdictionSouth Dakota
Title 55FIDUCIARIES AND TRUSTS
Ch. 55-1CLASSIFICATION AND CREATION OF TRUSTS

This text of South Dakota § 55-1-41 (Effect of spendthrift provision.) 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 § 55-1-41 (2026).

Text

If the trust contains a spendthrift provision, no creditor may reach present or future mandatory distributions from the trust at the trust level. Moreover, no court may order a trustee to distribute past due mandatory distributions directly to a creditor.

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Related

In re Cleopatra Cameron Gift Trust
931 N.W.2d 244 (South Dakota Supreme Court, 2019)
4 case citations
Matter of Cameron Trust
2019 S.D. 35 (South Dakota Supreme Court, 2019)
4 case citations
PLAINS COMMERCE BANK, INC. v. BECK
986 N.W.2d 519 (South Dakota Supreme Court, 2023)
3 case citations

Legislative History

SL 2007, ch 280, § 18; SL 2009, ch 252, § 9.

Nearby Sections

15
§ 55-1-1
Purposes for which trust may be created.
§ 55-1-10
Transfer of real property to one for money paid by another--Trust presumed.
§ 55-1-11
Implied trust--Declaration by court of equity.
§ 55-1-12
Trustor, trustee, beneficiary, power of appointment, and person defined.
§ 55-1-13
Voluntary trustee--Assumption of relationship.
§ 55-1-14
Interest in existing trust--Transfer by operation of law or written instrument.
§ 55-1-15
Certain trusts not terminated upon trustor's death.
§ 55-1-2
Trusts classified.
§ 55-1-20
Trusts for noncharitable purposes.
§ 55-1-21
Trust for care of animal, care of other property, or other lawful noncharitable purpose.
§ 55-1-21.1
Termination of trust for care of animal.
§ 55-1-21.10
Trustee may not use principal and income other than for trust's purposes.
§ 55-1-21.11
Co-enforcer appointment--Powers.
§ 55-1-21.2
Judicial reduction of property transferred to trustee if trust corpus exceeds amount required for intended purposes.
§ 55-1-21.3
Court order where fulfillment of purposes are impossible, inexpedient, or unlawful.
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Bluebook (online)
South Dakota § 55-1-41, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/55-1-41.