South Dakota Statutes

§ 55-3-27 — Termination of noncharitable trusts valued under one hundred fifty thousand dollars--Distribution of property.

South Dakota·Title 55 FIDUCIARIES AND TRUSTS·Ch. 55-3 EXPRESS TRUSTS FOR THIRD-PARTY BENEFICIARIES
Except as otherwise provided by the terms of the trust, if the value of the trust property of a noncharitable trust is less than one hundred fifty thousand dollars, the trustee may terminate the trust. On petition by a trustee or beneficiary, the court may modify or terminate a noncharitable trust or appoint a new trustee if it determines that the value of the trust property is insufficient to justify the cost of administration involved. Upon termination of a trust pursuant to this section, the trustee shall distribute the trust property in accordance with the trustor's probable intention. The existence of spendthrift or similar protective provisions in a trust does not make this section inapplicable. The court, when considering the termination of a trust containing spendthrift or similar

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South Dakota § 55-3-27 (Termination of noncharitable trusts valued under one hundred fifty thousand dollars--Distribution of property.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SL 1998, ch 282, § 5; SL 2004, ch 312, § 12; SL 2015, ch 240, § 18; SL 2018, ch 275, § 26.

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