South Dakota § 55-15-11 Spouse may compel reconversion to income trust for certain trusts--Written instrument required.

South Dakota Statutes

§ 55-15-11 — Spouse may compel reconversion to income trust for certain trusts--Written instrument required.

South Dakota § 55-15-11

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-14ATOTAL RETURN UNITRUSTS

This text of South Dakota § 55-15-11 (Spouse may compel reconversion to income trust for certain trusts--Written instrument required.) 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 § 55-15-11 (2026).

Text

In the case of a trust for which a marital deduction has been taken for federal tax purpose under I.R.C. section 2056 or 2523, the spouse otherwise entitled to receive the net income of the trust has the right, by written instrument delivered to the trustee, to compel the reconversion during his or her lifetime of the trust from a total return unitrust to an income trust, notwithstanding anything in this chapter to the contrary.

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In the case of a trust for which a marital deduction has been taken for federal tax purpose under I.R.C. section 2056 or 2523, the spouse otherwise entitled to receive the net income of the trust has the right, by written instrument delivered to the trustee, to compel the reconversion during his or her lifetime of the trust from a total return unitrust to an income trust, notwithstanding anything in this chapter to the contrary.