South Dakota § 55-17-1 Arrangement qualifying as special spousal trust.

South Dakota Statutes

§ 55-17-1 — Arrangement qualifying as special spousal trust.

South Dakota § 55-17-1

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-17SPECIAL SPOUSAL TRUSTS

This text of South Dakota § 55-17-1 (Arrangement qualifying as special spousal trust.) 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 § 55-17-1 (2026).

Text

An arrangement is a South Dakota special spousal trust if one or both spouses in a marriage transfer property to a trust, the trust expressly declares that some or all the property transferred is South Dakota special spousal property as provided in this chapter, and at least one trustee is a qualified person. A South Dakota special spousal trust is enforceable without consideration. Both spouses or either spouse may be a trustee. The trust must be signed by both spouses. The trust may be revocable or irrevocable. For purposes of this section, a qualified person is any person who meets the requirements of §§ 55-3-41 and 55-3-39 , but without regard to whether that person is the transferor.

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An arrangement is a South Dakota special spousal trust if one or both spouses in a marriage transfer property to a trust, the trust expressly declares that some or all the property transferred is South Dakota special spousal property as provided in this chapter, and at least one trustee is a qualified person. A South Dakota special spousal trust is enforceable without consideration. Both spouses or either spouse may be a trustee. The trust must be signed by both spouses. The trust may be revocable or irrevocable. For purposes of this section, a qualified person is any person who meets the requirements of §§ 55-3-41 and 55-3-39 , but without regard to whether that person is the transferor.