S.D. Codified Laws § 55-4-38

Limitation on trustee's power to make distributions to his or her benefit

Last amended: 2007Year: 2025Length: 123 wordsOfficial source
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. Source: SL 2000, ch 229, § 4; SL 2007, ch 281, § 8.
S.D. Codified Laws § 55-4-38: Limitation on trustee's power to make distributions to his or her benefit | Justis AI