Chapter 1. Classification and Creation of Trusts
Index
- SDCL 55-1-1 Purposes For Which Trust May Be Created
- SDCL 55-1-2 Trusts Classified
- SDCL 55-1-3 Express Trust Defined
- SDCL 55-1-4 Creation of Express Trust-Words Or Acts of Trustor
- SDCL 55-1-5 Express Trust Created As to Trustee-Words and Acts of Trustee
- SDCL 55-1-5.1 Express Trust Need Not Be For Exclusive Benefit of Beneficiaries
- SDCL 55-1-6 Implied Trust-Definition-Creation
- SDCL 55-1-6.1 Implied Trust May Not Prejudice Rights of Real Property Purchaser Or Encumbrancer
- SDCL 55-1-7 Wrongful Detention Creates Implied Trust
- SDCL 55-1-8 Implied Trust Resulting From Fraud, Accident Or Wrongful Act
- SDCL 55-1-9 Implied Trust Created By Transfer of Property In Violation of Trust
- SDCL 55-1-10 Transfer of Real Property to One For Money Paid By Another-Trust Presumed
- SDCL 55-1-11 Implied Trust-Declaration By Court of Equity
- SDCL 55-1-12 Trustor, Trustee, Beneficiary, Power of Appointment, and Person Defined
- SDCL 55-1-13 Voluntary Trustee-Assumption of Relationship
- SDCL 55-1-14 Interest In Existing Trust-Transfer By Operation of Law Or Written Instrument
- SDCL 55-1-15 Certain Trusts Not Terminated Upon Trustor's Death
- SDCL 55-1-16 to 55-1-19 [Repealed]
- SDCL 55-1-20 Trusts For Noncharitable Purposes
- SDCL 55-1-21 Trust For Care of Animal, Care of Other Property, Or Other Lawful Noncharitable Purpose
- SDCL 55-1-21.1 Termination of Trust For Care of Animal
- SDCL 55-1-21.2 Judicial Reduction of Property Transferred to Trustee If Trust Corpus Exceeds Amount Required For Intended Purposes
- SDCL 55-1-21.3 Court Order Where Fulfillment of Purposes Are Impossible, Inexpedient, Or Unlawful
- SDCL 55-1-21.4 Enforcement of Purpose of Trust By Enforcer
- SDCL 55-1-21.5 Removal of Enforcer
- SDCL 55-1-21.6 Discretion of Trustee of Purpose Trust
- SDCL 55-1-21.7 Judicial Designation of Trustee-Order to Carry Out Intent of Trustor and Purpose of Trust
- SDCL 55-1-21.8 Distribution of Property Upon Termination of Purpose of Trust
- SDCL 55-1-21.9 Filings, Reports, Accounting, Separation of Funds, Appointment, and Registration of Purpose Trust Not Required-Exceptions
- SDCL 55-1-21.10 Trustee May Not Use Principal and Income Other Than For Trust's Purposes
- SDCL 55-1-21.11 Co-Enforcer Appointment-Powers
- SDCL 55-1-22 Hybrid Purpose Trusts Valid
- SDCL 55-1-22.1 Separate Shares For Beneficiaries and Purposes to Be Maintained In Hybrid Purpose Trust
- SDCL 55-1-22.2 Beneficiaries' Share of a Hybrid Purpose Trust
- SDCL 55-1-22.3 Spendthrift Provision In Hybrid Purpose Trust-Qualified Dispositions In Trust
- SDCL 55-1-22.4 Application of Sections 55-1-21 to 55-1-21.9 to Hybrid Purpose Trust-Exceptions
- SDCL 55-1-22.5 Discretion of Trustee of Hybrid Purpose Trust
- SDCL 55-1-22.6 Enforcer of Hybrid Purpose Trust
- SDCL 55-1-23 [Repealed]
- SDCL 55-1-24 Definitions Applicable to Sections 55-1-24 to 55-1-45
- SDCL 55-1-24.1 Improper Motive
- SDCL 55-1-24.2 Withdrawal Power
- SDCL 55-1-25 Distinction Between Discretionary Trust and Support Trust-Creditor Rights-Judicial Review
- SDCL 55-1-26 Judicial Foreclosure of Beneficial Interests, Powers of Appointment, and Reserved Powers Prohibited-Creditors May Not Reach Powers of Appointment Or Remainder Interests
- SDCL 55-1-27 Certain Remainder Interests Not Property Interests
- SDCL 55-1-28 Interest of Beneficiary Or Others Not Reachable By Creditors
- SDCL 55-1-29 Trust Property Not Subject to Personal Obligations of Trustee
- SDCL 55-1-30 Distribution and Remainder Interests Not Relevant to Division of Marital Property
- SDCL 55-1-31 Resources of Settlor's Spouse to Be Considered In Making Distribution From Support Trust-Other Beneficiary's Resources Need Not Be Considered
- SDCL 55-1-32 Alter Ego-Pierce the Veil, Dominion and Control Claims
- SDCL 55-1-33 [Repealed]
- SDCL 55-1-34 Provision that Beneficial Interest In Trust Income Or Principal May Not Be Transferred Before Payment to Beneficiary Permissible
- SDCL 55-1-35 Trust Declaration that Beneficiary's Interest Subject to Spendthrift Trust-Payment of Beneficiary Expenses
- SDCL 55-1-36 Satisfaction of Claims of Settlor's Creditors From Trust Estate If Settlor Is Beneficiary
- SDCL 55-1-36.1 Effect On Creditor Claims of Trustee Discretionary Powers to Pay Taxes Or Make Reimbursements For Taxes
- SDCL 55-1-37 Application of Spendthrift Provision
- SDCL 55-1-38 Classification of Distribution Interest
- SDCL 55-1-38.1 Classification of Interest As Support Interest
- SDCL 55-1-39 Bifurcation of Trust
- SDCL 55-1-40 Language Resulting In Classification of Distribution Interest
- SDCL 55-1-41 Effect of Spendthrift Provision
- SDCL 55-1-42 Mandatory Or Support Interests
- SDCL 55-1-43 Discretionary Interests
- SDCL 55-1-44 Action For Fraudulent Transfer of Settlor's Assets-Jurisdiction-Attorneys' Fees and Costs-Burden of Proof
- SDCL 55-1-45 Limitation of Action For Fraudulent Transfer of Settlor's Assets
- SDCL 55-1-46 No Contest Clause Defined-Enforceability
- SDCL 55-1-47 Extrinsic Evidence Not Admissible to Establish Settlor's Intent Concerning No Contest Clause
- SDCL 55-1-48 Circumstances Under Which No Contest Clause Unenforceable
- SDCL 55-1-49 Contest Regarding Settlor's Signature
- SDCL 55-1-50 Attorneys Fees and Costs
- SDCL 55-1-51 Applicability of Sections 55-1-46 to 55-1-50
- SDCL 55-1-52 Interest On General Pecuniary Devises
- SDCL 55-1-53 Expansion, Restriction, Elimination, Or Variance of Provisions of General Application
- SDCL 55-1-54 Arbitration
- SDCL 55-1-55 Trust Enforceable Although Not Funded Or Without Res, Corpus, Or Assets
- SDCL 55-1-56 Registration of Trust In Court At Principal Place of Administration
- SDCL 55-1-57 Contents of Registration Statement
- SDCL 55-1-58 Confidentiality of Registration
- SDCL 55-1-59 Trust Registration Form