Home/South Dakota/Statutes/Title 55: FIDUCIARIES AND TRUSTS/Ch. 55-1: CLASSIFICATION AND CREATION OF TRUSTS/§ 55-1-6
South Dakota Statutes

§ 55-1-6 — Implied trust--Definition--Creation.

South Dakota § 55-1-6
JurisdictionSouth Dakota
Title 55FIDUCIARIES AND TRUSTS
Ch. 55-1CLASSIFICATION AND CREATION OF TRUSTS

This text of South Dakota § 55-1-6 (Implied trust--Definition--Creation.) 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 § 55-1-6 (2026).

Text

An implied trust is one which is created by operation of law. An implied trust arises in the cases described in §§ 55-1-7 to 55-1-10 , inclusive.

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Related

Johnson v. Johnson
300 N.W.2d 865 (South Dakota Supreme Court, 1980)
18 case citations
Noll v. Brende
318 N.W.2d 319 (South Dakota Supreme Court, 1982)
13 case citations
McFarland v. McFarland
470 N.W.2d 849 (South Dakota Supreme Court, 1991)
11 case citations
Jahnel v. First Northwestern Trust Co. of South Dakota
428 N.W.2d 528 (South Dakota Supreme Court, 1988)
7 case citations
Estate of Hanson v. Walgamuth (In Re Walgamuth)
144 B.R. 465 (D. South Dakota, 1992)
6 case citations
Kary v. Kary
318 N.W.2d 334 (South Dakota Supreme Court, 1982)
6 case citations

Legislative History

SDC 1939, §§ 59.0101, 59.0102.

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 § 55-1-6, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/55-1-6.