South Dakota § 55-3-26 Petition to modify terms of trust--Circumstances--Distribution of property.

South Dakota Statutes

§ 55-3-26 — Petition to modify terms of trust--Circumstances--Distribution of property.

South Dakota § 55-3-26

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-3EXPRESS TRUSTS FOR THIRD-PARTY BENEFICIARIES

This text of South Dakota § 55-3-26 (Petition to modify terms of trust--Circumstances--Distribution of property.) 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 § 55-3-26 (2026).

Text

On petition by a trustee or beneficiary, the court may modify the administrative or dispositive terms of the trust or terminate the trust if, because of circumstances not anticipated by the trustor, modification or termination of the trust would substantially further the trustor's purposes in creating the trust. Upon termination of a trust under this section, the trust property shall be distributed in accordance with the trustor's probable intention.

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On petition by a trustee or beneficiary, the court may modify the administrative or dispositive terms of the trust or terminate the trust if, because of circumstances not anticipated by the trustor, modification or termination of the trust would substantially further the trustor's purposes in creating the trust. Upon termination of a trust under this section, the trust property shall be distributed in accordance with the trustor's probable intention.