South Dakota Statutes
§ 55-1-48 — Circumstances under which no contest clause unenforceable.
A no contest clause is not enforceable against a beneficiary to the extent the beneficiary, in good faith and based upon probable cause, contests a provision that benefits any of the following persons:
(1)A person who drafted or transcribed the instrument;
(2)A person who gave directions to the drafter of the instrument concerning dispositive or other substantive contents of the provisions or who directed the drafter to include the no contest clause in the instrument. However, this subdivision does not apply if the settlor affirmatively instructed the drafter to include the contents of the provision or the no contest clause; or (3) A person who acted as a witness to the instrument.
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South Dakota § 55-1-48 (Circumstances under which no contest clause unenforceable.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 2012, ch 233, § 10.
Nearby Sections
15
§ 55-1-2
Trusts classified.§ 55-1-20
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Termination of trust for care of animal.§ 55-1-21.11
Co-enforcer appointment--Powers.