South Dakota § 55-1-55 Trust enforceable although not funded or without res, corpus, or assets.

South Dakota Statutes

§ 55-1-55 — Trust enforceable although not funded or without res, corpus, or assets.

South Dakota § 55-1-55

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-1CLASSIFICATION AND CREATION OF TRUSTS

This text of South Dakota § 55-1-55 (Trust enforceable although not funded or without res, corpus, or assets.) 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 § 55-1-55 (2026).

Text

A trust is valid and enforceable even though it may not be funded at a given time, or from time to time, or does not initially have any res or corpus or otherwise contain any asset of any nature. A trust is valid and enforceable even though its res is neither ascertainable nor identifiable at the time of the trust's creation. No trustee, trust protector, or trust advisor has any duty prior to the time a trust has a res, corpus, or any asset.

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A trust is valid and enforceable even though it may not be funded at a given time, or from time to time, or does not initially have any res or corpus or otherwise contain any asset of any nature. A trust is valid and enforceable even though its res is neither ascertainable nor identifiable at the time of the trust's creation. No trustee, trust protector, or trust advisor has any duty prior to the time a trust has a res, corpus, or any asset.