S.D. Codified Laws § 55-1-25
This is the official text of S.D. Codified Laws § 55-1-25, 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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Distinction between discretionary trust and support trust--Creditor rights--Judicial review
Official statutory text
The common law distinction between a discretionary trust and a support trust and the dual judicial review standards related to this distinction shall be maintained. In the area of creditor rights, the Restatement of Trusts (Third) and the Uniform Trust Code create many new positions of law as well as adopts many minority positions of law. The provisions of §§ 55-1-24 to 55-1-43 , inclusive, affirmatively reject many of these positions. Therefore, the Legislature does not intend the courts to consult the Restatement (Third) of the Law of Trusts § 50, § 56, § 58, § 59, or § 60 as approved by the American Law Institute or Uniform Trust Code Article 5 and Section 814(a) as approved by the National Conference of Commissioners on Uniform State Laws in 2004 with respect to subject matters addressed by the provisions of §§ 55-1-24 to 55-1-43 , inclusive.
Source: SL 2007, ch 280, § 2; SL 2015, ch 240, § 11.
Source: SL 2007, ch 280, § 2; SL 2015, ch 240, § 11.
Status: in_force · Read it on the official government site
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