S.D. Codified Laws § 55-1-46

Current through the 2024 Legislative Session

Section 55-1-46 - No contest clause defined-Enforceability

For purposes of §§ 55-1-46 to 55-1-51, inclusive, a no contest clause is a provision or clause in a trust, that penalizes a qualified beneficiary for contesting a trust or instituting other proceedings at law or equity relating to the trust estate, excluding proceedings related to trust administration. Except as provided in §§ 55-1-47 to 55-1-51, inclusive, a no contest clause shall be enforced unless probable cause exists for instituting the proceeding on the grounds of:

(1) Fraud;

(2) Duress;

(3) Revocation;

(4) Lack of contractual capacity;

(5) Undue influence;

(6) Mistake;

(7) Forgery; or

(8) Irregularity in the execution of the trust document.

SDCL 55-1-46

SL 2012, ch 233, §8.