State of South Dakota

South Dakota Legislature

South Dakota Codified Laws

 
55-4 UNIFORM TRUSTS ACT
CHAPTER 55-4

UNIFORM TRUSTS ACT

55-4-1      Definition of terms.
55-4-2      Powers attached to the office of trustee.
55-4-3      Number of trustees for exercise of powers.
55-4-4      Liability of trustee not joining in exercise of power.
55-4-5      Cotrustee--Liability for maladministration of trust.
55-4-6      Voting of corporate stock owned by trustee.
55-4-7      Creation of trust--Bank account to pay special debts.
55-4-8      Trust to pay special debts--Failure of beneficiary to present claim for payment--Revocation of trust by depositor.
55-4-9      Holding stock in name of nominee.
55-4-10      Loan of trust funds.
55-4-11      Corporate trustee depositing trust funds with self--Interest.
55-4-12      Corporate trustee depositing trust funds with self--Maintenance of required value--Ownership of income--Items specified in statements of financial condition to Division of Banking.
55-4-13      Trustee not to buy from or sell to self--Exception.
55-4-14      Permitted sales between trusts held by same corporate trustee.
55-4-15      Corporate trustee buying its own stock.
55-4-16      Withdrawals from mingled trust funds.
55-4-17      Unenforceable oral trust created by deed--Duties of intended trustee--Conveyance of real property interest under oral trust.
55-4-18      Unenforceable oral trust created by deed--Liability of trustee to settlor for transfer of real property.
55-4-19      Action on contract against trustee in representative capacity--Execution against trust property--Intervention by beneficiary.
55-4-20      Action on contract against trustee--Notice to beneficiaries.
55-4-21      Action on contract against trustee--Personal liability of trustee.
55-4-22      Exoneration or reimbursement of trustee for tort committed in administration of trust.
55-4-23      Exoneration or reimbursement of trustee for tort--Increase in value of trust property.
55-4-24      Liability of trustees of charitable trust for torts not changed by provisions of law as to exoneration or reimbursement of trustee for tort.
55-4-25      Tort liability of trust estate--Action against trustee, amount of recovery, intervention by beneficiary.
55-4-26      Tort liability of trust estate--Action against trustee, proof as to reimbursement unnecessary.
55-4-27      Tort liability of trust estate--Action against trustee, notice to beneficiaries.
55-4-28      Personal liability for tort committed by trustee.
55-4-29      Existing law as to charitable immunity not changed by law as to tort liability of trust estate.
55-4-30      Power of settlor of trust.
55-4-31      Trustee not liable if beneficiary consents to conduct or releases trustee from liability or ratifies transaction.
55-4-32      Relieving trustee of duties--Power of the court.
55-4-33      Liabilities for violations of chapter.
55-4-34      Application of chapter to testamentary trust.


55-4-35      Uniformity of interpretation.
55-4-36      Citation of chapter.
55-4-37      Liability for fiduciary's partnership interest limited.
55-4-38      Limitation on trustee's power to make distributions to his or her benefit.
55-4-39      "Trustee" construed broadly.
55-4-40      Applicability of §§ 55-4-38 and 55-4-39.
55-4-41      Certain trustees exempted from §§ 55-4-38 to 55-4-40, inclusive.
55-4-42 to 55-4-47. Repealed.
55-4-48, 55-4-49. Repealed.
55-4-50      Co-trustee's inability or failure to perform.
55-4-51      Certificate of trust furnished in lieu of copy of trust instrument or will that creates testamentary trust--Contents.
55-4-51.1      Recording of certificate of trust--Reliance upon content.
55-4-51.2      Applicability of §§ 55-4-51 and 55-4-51.1.
55-4-51.3      Form of certificate of trust in support of a real property transaction.
55-4-52      Request for excerpts from trust instrument.
55-4-53      Limitation of liability for acting in reliance on certificate of trust.
55-4-54      Enforcement of transaction entered into in reliance on certificate of trust.
55-4-55      Liability for bad faith demand for trust instrument.
55-4-56      Right to obtain copy of trust instrument in judicial proceeding.
55-4-57      Time for commencing judicial proceeding to contest validity of trust revocable at settlor's death--Distribution of trust property--Recovery of improper distribution.
55-4-58      Presentation of claims against property of trust revocable at settlor's death.


Title 55
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