South Dakota § 55-3-28 Terms of trust may be reformed by court.

South Dakota Statutes

§ 55-3-28 — Terms of trust may be reformed by court.

South Dakota·Title 55 FIDUCIARIES AND TRUSTS·Ch. 55-3 EXPRESS TRUSTS FOR THIRD-PARTY BENEFICIARIES

On petition by a trustee or beneficiary, the court may reform the terms of the trust, based upon a showing by the preponderance of the evidence and without any preliminary showing of an ambiguity, to conform to the trustor's intention if the failure to conform was due to a mistake of fact or law or a scrivener's error and the trustor's intent can be established. The terms of the trust may be construed or modified, in a manner that does not violate the trustor's probable intention, to achieve the trustor's tax objectives.

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On petition by a trustee or beneficiary, the court may reform the terms of the trust, based upon a showing by the preponderance of the evidence and without any preliminary showing of an ambiguity, to conform to the trustor's intention if the failure to conform was due to a mistake of fact or law or a scrivener's error and the trustor's intent can be established. The terms of the trust may be construed or modified, in a manner that does not violate the trustor's probable intention, to achieve the trustor's tax objectives.

South Dakota § 55-3-28 (Terms of trust may be reformed by court.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.