South Dakota § 55-1-46 No contest clause defined--Enforceability.

South Dakota Statutes

§ 55-1-46 — No contest clause defined--Enforceability.

South Dakota § 55-1-46

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-1CLASSIFICATION AND CREATION OF TRUSTS

This text of South Dakota § 55-1-46 (No contest clause defined--Enforceability.) 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 § 55-1-46 (2026).

Text

For purposes of §§ to 55-1-51 , inclusive, a no contest clause is a provision or clause in a trust, that penalizes a qualified beneficiary for contesting a trust or instituting other proceedings at law or equity relating to the trust estate, excluding proceedings related to trust administration. Except as provided in §§ 55-1-47 to 55-1-51 , inclusive, a no contest clause shall be enforced unless probable cause exists for instituting the proceeding on the grounds of:

(1)Fraud;

(2)Duress;

(3)Revocation;

(4)Lack of contractual capacity;

(5)Undue influence;

(6)Mistake;

(7)Forgery; or (8) Irregularity in the execution of the trust document.

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For purposes of §§ to 55-1-51 , inclusive, a no contest clause is a provision or clause in a trust, that penalizes a qualified beneficiary for contesting a trust or instituting other proceedings at law or equity relating to the trust estate, excluding proceedings related to trust administration. Except as provided in §§ 55-1-47 to 55-1-51 , inclusive, a no contest clause shall be enforced unless probable cause exists for instituting the proceeding on the grounds of: (1) Fraud; (2) Duress; (3) Revocation; (4) Lack of contractual capacity; (5) Undue influence; (6) Mistake; (7) Forgery; or (8) Irregularity in the execution of the trust document.