South Dakota § 55-4-38 Limitation on trustee's power to make distributions to his or her benefit.

South Dakota Statutes

§ 55-4-38 — Limitation on trustee's power to make distributions to his or her benefit.

South Dakota § 55-4-38

Title 55FIDUCIARIES AND TRUSTS

Ch. 55-4UNIFORM TRUSTS ACT

This text of South Dakota § 55-4-38 (Limitation on trustee's power to make distributions to his or her benefit.) 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 § 55-4-38 (2026).

Text

Unless the terms of the trust refer to this section and provide otherwise, a power, including the power to make a distribution to another trust under § 55-2-15 , that is exercisable by or attributable to a person, other than the settlor, in such person's capacity as a trustee to make discretionary distribution of either principal or income:

(1)To or for the benefit of himself or herself is exercisable by the person only for the person's health, education, maintenance, and support in the person's accustomed manner of living; or (2) To or for the benefit of others, is not exercisable to discharge any of the person's own legal obligations.

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Unless the terms of the trust refer to this section and provide otherwise, a power, including the power to make a distribution to another trust under § 55-2-15 , that is exercisable by or attributable to a person, other than the settlor, in such person's capacity as a trustee to make discretionary distribution of either principal or income: (1) To or for the benefit of himself or herself is exercisable by the person only for the person's health, education, maintenance, and support in the person's accustomed manner of living; or (2) To or for the benefit of others, is not exercisable to discharge any of the person's own legal obligations.