South Dakota Statutes

§ 55-3-5 — Trustee to follow declaration of trust--Modifications.

South Dakota § 55-3-5

JurisdictionSouth Dakota

Title 55FIDUCIARIES AND TRUSTS

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

This text of South Dakota § 55-3-5 (Trustee to follow declaration of trust--Modifications.) 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 § 55-3-5 (2026).

Text

A trustee shall fulfill the purposes of the trust as declared at its creation, or as subsequently amended, and shall follow all the directions of the trustor given at that time, except as modified. For purposes of modifications by consent of all parties interested and modifications upon approval by the court, the provisions of chapter 55-18 apply to such modifications.

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Related

In Re the Administration of the Florence Y. Wallbaum Revocable Living Trust Agreement

2012 S.D. 18 (South Dakota Supreme Court, 2012)

11 case citations

Luke v. Stevenson

2005 SD 51 (South Dakota Supreme Court, 2005)

9 case citations

In Re Conservatorship of Didier

2010 SD 56 (South Dakota Supreme Court, 2010)

4 case citations

Endres v. Endres

984 N.W.2d 139 (South Dakota Supreme Court, 2022)

2 case citations

Guardianship & Conservatorship of Novotny

2016 SD 36 (South Dakota Supreme Court, 2016)

1 case citations

Legislative History

SDC 1939, § 59.0204; SL 1993, ch 355, § 5; SL 2017, ch 208, § 32; SL 2021, ch 207, § 2.

Nearby Sections

15

§ 55-1-1

Purposes for which trust may be created.

§ 55-1-10

Transfer of real property to one for money paid by another--Trust presumed.

§ 55-1-11

Implied trust--Declaration by court of equity.

§ 55-1-12

Trustor, trustee, beneficiary, power of appointment, and person defined.

§ 55-1-13

Voluntary trustee--Assumption of relationship.

§ 55-1-14

Interest in existing trust--Transfer by operation of law or written instrument.

§ 55-1-15

Certain trusts not terminated upon trustor's death.

§ 55-1-2

Trusts classified.

§ 55-1-20

Trusts for noncharitable purposes.

§ 55-1-21

Trust for care of animal, care of other property, or other lawful noncharitable purpose.

§ 55-1-21.1

Termination of trust for care of animal.

§ 55-1-21.10

Trustee may not use principal and income other than for trust's purposes.

§ 55-1-21.11

Co-enforcer appointment--Powers.

§ 55-1-21.2

Judicial reduction of property transferred to trustee if trust corpus exceeds amount required for intended purposes.

§ 55-1-21.3

Court order where fulfillment of purposes are impossible, inexpedient, or unlawful.

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Bluebook (online)

South Dakota § 55-3-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/55-3-5.