South Dakota § 55-17-14 Unenforceable trusts.

South Dakota Statutes

§ 55-17-14 — Unenforceable trusts.

South Dakota § 55-17-14

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-17SPECIAL SPOUSAL TRUSTS

This text of South Dakota § 55-17-14 (Unenforceable trusts.) 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 § 55-17-14 (2026).

Text

A South Dakota special spousal trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:

(1)The trust was unconscionable when made;

(2)The spouse against whom enforcement is sought did not execute the South Dakota special spousal trust agreement voluntarily; or (3) Before execution of the South Dakota special spousal trust agreement, the spouse against whom enforcement is sought:

(a)Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse;

(b)Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided; and (c) Did not have notice of the property or fina

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A South Dakota special spousal trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that: (1) The trust was unconscionable when made; (2) The spouse against whom enforcement is sought did not execute the South Dakota special spousal trust agreement voluntarily; or (3) Before execution of the South Dakota special spousal trust agreement, the spouse against whom enforcement is sought: (a) Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse; (b) Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided; and (c) Did not have notice of the property or financial obligations of the other spouse. Whether a South Dakota special spousal trust is unconscionable is determined by a court as a matter of law.