Home/South Dakota/Statutes/Title 55: FIDUCIARIES AND TRUSTS/Ch. 55-2: DUTIES AND LIABILITIES OF TRUSTEES/§ 55-2-8
South Dakota Statutes

§ 55-2-8 — Presumption against trustee.

South Dakota § 55-2-8
JurisdictionSouth Dakota
Title 55FIDUCIARIES AND TRUSTS
Ch. 55-2DUTIES AND LIABILITIES OF TRUSTEES

This text of South Dakota § 55-2-8 (Presumption against trustee.) 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 § 55-2-8 (2026).

Text

All transactions between a trustee and his beneficiary during the existence of the trust or while the influence acquired by the trustee remains, by which he obtains any advantage from his beneficiary, are presumed to be entered into by the latter without sufficient consideration and under undue influence.

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Related

In Re the Estate of Stevenson
2000 SD 24 (South Dakota Supreme Court, 2000)
29 case citations
In Re the Estate of Moncur
2012 S.D. 17 (South Dakota Supreme Court, 2012)
6 case citations

Legislative History

SDC 1939, § 59.0113.

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 § 55-2-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/55-2-8.