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

South Dakota Statutes

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

South Dakota·Title 55 FIDUCIARIES AND TRUSTS·Ch. 55-1 CLASSIFICATION AND CREATION OF TRUSTS

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.

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