S.D. Codified Laws § 55-1-21.5
This is the official text of S.D. Codified Laws § 55-1-21.5, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Removal of enforcer
Official statutory text
A trustee may petition the court for the removal of an enforcer. An enforcer may be removed if the court finds:
(1) The enforcer committed a serious breach of the enforcer's duty, or is unfit or unwilling to serve;
(2) A significant and unjustified lack of cooperation or hostility between the enforcer and the trustee, trust protector, or trust advisor; or
(3) There has been a substantial change in circumstances and removal of the enforcer would best serve the purpose or purposes of the trust.
The governing instrument may provide different or additional procedures for the removal of an enforcer.
Source: SL 2018, ch 275, § 8; SL 2020, ch 206, § 2.
(1) The enforcer committed a serious breach of the enforcer's duty, or is unfit or unwilling to serve;
(2) A significant and unjustified lack of cooperation or hostility between the enforcer and the trustee, trust protector, or trust advisor; or
(3) There has been a substantial change in circumstances and removal of the enforcer would best serve the purpose or purposes of the trust.
The governing instrument may provide different or additional procedures for the removal of an enforcer.
Source: SL 2018, ch 275, § 8; SL 2020, ch 206, § 2.
Status: in_force · Read it on the official government site
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