S.D. Codified Laws § 55-1-48
This is the official text of S.D. Codified Laws § 55-1-48, 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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Circumstances under which no contest clause unenforceable
Official statutory text
A no contest clause is not enforceable against a beneficiary to the extent the beneficiary, in good faith and based upon probable cause, contests a provision that benefits any of the following persons:
(1) A person who drafted or transcribed the instrument;
(2) A person who gave directions to the drafter of the instrument concerning dispositive or other substantive contents of the provisions or who directed the drafter to include the no contest clause in the instrument. However, this subdivision does not apply if the settlor affirmatively instructed the drafter to include the contents of the provision or the no contest clause; or
(3) A person who acted as a witness to the instrument.
Source: SL 2012, ch 233, § 10.
(1) A person who drafted or transcribed the instrument;
(2) A person who gave directions to the drafter of the instrument concerning dispositive or other substantive contents of the provisions or who directed the drafter to include the no contest clause in the instrument. However, this subdivision does not apply if the settlor affirmatively instructed the drafter to include the contents of the provision or the no contest clause; or
(3) A person who acted as a witness to the instrument.
Source: SL 2012, ch 233, § 10.
Status: in_force · Read it on the official government site
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