S.D. Codified Laws § 55-1-39

Current through the 2024 Legislative Session

Section 55-1-39 - Bifurcation of trust

To the extent a trust contains any combination of a mandatory provision, a support provision, the trust shall be bifurcated as follows:

(1) The trust shall be a mandatory interest only to the extent of the mandatory language;

(2) The trust shall be a support interest only to the extent of such support language;

(3) The remaining trust property shall be held as a discretionary interest;

(4) A support interest that includes mandatory language such as "shall" but is subsequently qualified by discretionary language, shall be classified as a discretionary interest and not as a support interest.

SDCL 55-1-39

SL 2007, ch 280, §16.