South Dakota § 55-3-46 Effect of the laws, rules, or orders of foreign country on trust or disposition of property.

South Dakota Statutes

§ 55-3-46 — Effect of the laws, rules, or orders of foreign country on trust or disposition of property.

South Dakota § 55-3-46

Title 55FIDUCIARIES AND TRUSTS

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

This text of South Dakota § 55-3-46 (Effect of the laws, rules, or orders of foreign country on trust or disposition 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 § 55-3-46 (2026).

Text

No trust with South Dakota situs or governed by the laws of the State of South Dakota and no disposition of property to be held upon the terms of such trust is void, voidable, liable to be set aside, or defective in any manner by reason that:

(1)The law of any foreign country, as defined in subdivision 10-43-1(6), prohibits or does not recognize the concept of a trust; or (2) The trust or disposition:

(a)Avoids or defeats any right, claim, or interest conferred by the law of a foreign country upon any person by reason of a personal relationship to the trustor or by way of heirship rights; or (b) Contravenes any rule or law of a foreign country or any foreign country's judicial or administrative order or action intended to recognize, protect, enforce, or give effect to such a

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No trust with South Dakota situs or governed by the laws of the State of South Dakota and no disposition of property to be held upon the terms of such trust is void, voidable, liable to be set aside, or defective in any manner by reason that: (1) The law of any foreign country, as defined in subdivision 10-43-1(6), prohibits or does not recognize the concept of a trust; or (2) The trust or disposition: (a) Avoids or defeats any right, claim, or interest conferred by the law of a foreign country upon any person by reason of a personal relationship to the trustor or by way of heirship rights; or (b) Contravenes any rule or law of a foreign country or any foreign country's judicial or administrative order or action intended to recognize, protect, enforce, or give effect to such a right, claim, or interest.