South Dakota § 55-3-29 Trustee may combine or divide trusts--Rights of beneficiaries--Trust purposes--Petition to court.

South Dakota Statutes

§ 55-3-29 — Trustee may combine or divide trusts--Rights of beneficiaries--Trust purposes--Petition to court.

South Dakota § 55-3-29

Title 55FIDUCIARIES AND TRUSTS

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

This text of South Dakota § 55-3-29 (Trustee may combine or divide trusts--Rights of beneficiaries--Trust purposes--Petition to court.) 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 § 55-3-29 (2026).

Text

Without approval of court and except as otherwise provided by the terms of the trust, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the combination or division does not impair the rights of any of the beneficiaries or substantially affect the accomplishment of the trust purposes. On petition by a trustee or beneficiary, the court may affirm or prevent a proposed combination or division; and, if the terms of the trust instruments creating the trusts are inconsistent, the court shall resolve such inconsistencies in its order by establishing the terms of the trust that will survive the combination or division.

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Without approval of court and except as otherwise provided by the terms of the trust, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the combination or division does not impair the rights of any of the beneficiaries or substantially affect the accomplishment of the trust purposes. On petition by a trustee or beneficiary, the court may affirm or prevent a proposed combination or division; and, if the terms of the trust instruments creating the trusts are inconsistent, the court shall resolve such inconsistencies in its order by establishing the terms of the trust that will survive the combination or division.