South Dakota § 55-1A-32.1 Trustee immunity from liability for failure to prosecute, defend, or continue to defend.

South Dakota Statutes

§ 55-1A-32.1 — Trustee immunity from liability for failure to prosecute, defend, or continue to defend.

South Dakota § 55-1A-32.1

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-1ATRUSTEES' POWERS

This text of South Dakota § 55-1A-32.1 (Trustee immunity from liability for failure to prosecute, defend, or continue to defend.) 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 § 55-1A-32.1 (2026).

Text

If the trustee fails to prosecute, defend, or continue to defend the trust or its assets because the conditions set forth in subdivision 55-1A-32(1) or (2) have not been fulfilled, the trustee is not liable for any such failure even if the failure, including without limitation a withdrawal from a proceeding, may result in the granting or awarding of relief against the trustee or the trust, including without limitation a distribution of trust assets in satisfaction of a claim. For purposes of chapter 55-1A , the term, prosecute, or, defend or continue to defend, means:

(1)Instituting, participating in, intervening in or defending a lawsuit, action in equity or administrative, arbitration or mediation proceeding (collectively a proceeding); or (2) Taking any other action to resist suc

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If the trustee fails to prosecute, defend, or continue to defend the trust or its assets because the conditions set forth in subdivision 55-1A-32(1) or (2) have not been fulfilled, the trustee is not liable for any such failure even if the failure, including without limitation a withdrawal from a proceeding, may result in the granting or awarding of relief against the trustee or the trust, including without limitation a distribution of trust assets in satisfaction of a claim. For purposes of chapter 55-1A , the term, prosecute, or, defend or continue to defend, means: (1) Instituting, participating in, intervening in or defending a lawsuit, action in equity or administrative, arbitration or mediation proceeding (collectively a proceeding); or (2) Taking any other action to resist such claim. This section and § 55-1A-32 control unless the governing instrument specifically provides otherwise.