reglab/housing_qa huggingface dataset:
SD Codified L § 55-4-20 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-20 - Action on contract against trustee--Notice to beneficiaries.

55-4-20. Action on contract against trustee--Notice to beneficiaries.No judgment shall be rendered in favor of the plaintiff in an action pursuant to §55-4-19 unless he proves that within thirty days after the beginning of such action, or within such other time as the court may fix, and more than thirty days prior to obtaining the judgment, he notified each of the beneficiaries known to the trustee who then had a present interest, or in the case of a charitable trust the attorney general and any corporation which is a beneficiary or agency in the performance of such charitable trust, of the existence and nature of the action. Such notice shall be given by mailing copies thereof in postpaid envelopes addressed to the parties to be notified at their last known addresses. The trustee shall furnish the plaintiff a list of the parties to be notified, and their addresses, within ten days after written demand therefor, and notification of the persons on such list shall constitute compliance with the duty placed on the plaintiff by this section. Source: SL 1943, ch 308, §12; SDC Supp 1960, §59.0512 (2).
SD Codified L § 55-4-21 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-21 - Action on contract against trustee--Personal liability of trustee.

55-4-21. Action on contract against trustee--Personal liability of trustee.The plaintiff in an action pursuant to §55-4-19 may also hold the trustee who made the contract personally liable on such contract, if the contract does not exclude such personal liability. The addition of the word "trustee" or the words "as trustee" after the signature of a trustee to a contract shall be deemed prima facie evidence of an intent to exclude the trustee from personal liability. Source: SL 1943, ch 308, §12; SDC Supp 1960, §59.0512 (3).
SD Codified L § 55-4-22 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-22 - Exoneration or reimbursement of trustee for tort committed in administration of trust.

55-4-22. Exoneration or reimbursement of trustee for tort committed in administration of trust.A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration therefor from the trust property if he has not discharged the claim, or to be reimbursed therefor out of trust funds if he has paid the claim, if:(1)the tort was a common incident of the kind of business activity in which the trustee was properly engaged for the trust, or(2)although the tort was not a common incident of such activity, neither the trustee nor any officer or employee of the trustee was guilty of personal fault in incurring the liability. Source: SL 1943, ch 308, §13; SDC Supp 1960, §59.0513 (1).
SD Codified L § 55-4-23 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-23 - Exoneration or reimbursement of trustee for tort--Increase in value of trust property.

55-4-23. Exoneration or reimbursement of trustee for tort--Increase in value of trust property.If a trustee commits a tort which increases the value of the trust property, he shall be entitled to exoneration or reimbursement with respect thereto to the extent of such increase in value, even though he would not otherwise be entitled to exoneration or reimbursement. Source: SL 1943, ch 308, §13; SDC Supp 1960, §59.0513 (2).
SD Codified L § 55-4-24 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 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.

55-4-24. Liability of trustees of charitable trust for torts not changed by provisions of law as to exoneration or reimbursement of trustee for tort.Nothing in §55-4-22 or 55-4-23 shall be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees. Source: SL 1943, ch 308, §13; SDC Supp 1960, §59.0513 (3).
SD Codified L § 55-4-25 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-25 - Tort liability of trust estate--Action against trustee, amount of recovery, intervention by beneficiary.

55-4-25. Tort liability of trust estate--Action against trustee, amount of recovery, intervention by beneficiary.Where a trustee or his predecessor has incurred personal liability for a tort committed in the course of his administration, the trustee in his representative capacity may be sued and collection had from the trust property, if the court shall determine in such action:(1)that the tort was a common incident of the kind of business activity in which the trustee or his predecessor was properly engaged for the trust; or(2)that, although the tort was not a common incident of such activity, neither the trustee nor his predecessor, nor any officer or employee of the trustee or his predecessor, was guilty of personal fault in incurring the liability; or(3)that, although the tort did not fall within classes (1) or (2) above, it increased the value of the trust property.If the tort is within classes (1) or (2) above, collection may be had of the full amount of damage proved; and if the tort is within class (3) above, collection may be had only to the extent of the increase in the value of the trust property.Any beneficiary may intervene in such action and contest the right of the plaintiff to recover. Source: SL 1943, ch 308, §14; SDC Supp 1960, §59.0514 (1), (3).
SD Codified L § 55-4-26 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-26 - Tort liability of trust estate--Action against trustee, proof as to reimbursement unnecessary.

55-4-26. Tort liability of trust estate--Action against trustee, proof as to reimbursement unnecessary.In an action against the trustee in his representative capacity under §55-4-25 the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if he had paid the plaintiff's claim. Source: SL 1943, ch 308, §14; SDC Supp 1960, §59.0514 (2).
SD Codified L § 55-4-27 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-27 - Tort liability of trust estate--Action against trustee, notice to beneficiaries.

55-4-27. Tort liability of trust estate--Action against trustee, notice to beneficiaries.No judgment shall be rendered in favor of the plaintiff in an action pursuant to §55-4-25 unless he proves that within thirty days after the beginning of the action, or within such other period as the court may fix and more than thirty days prior to obtaining the judgment, he notified each of the beneficiaries known to the trustee who then had a present interest of the existence and nature of the action. Such notice shall be given by mailing copies thereof in postpaid envelopes addressed to such beneficiaries at their last known addresses. The trustee shall furnish the plaintiff a list of such beneficiaries and their addresses, within ten days after written demand therefor, and notification of the persons on such list shall constitute compliance with the duty placed on the plaintiff by this section. Source: SL 1943, ch 308, §14; SDC Supp 1960, §59.0514 (3).
SD Codified L § 55-4-28 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-28 - Personal liability for tort committed by trustee.

55-4-28. Personal liability for tort committed by trustee.The trustee may also be held personally liable for any tort committed by him, or by his agents or employees in the course of their employments, subject to the rights of exoneration or reimbursement provided in §§55-4-22 and 55-4-23. Source: SL 1943, ch 308, §14; SDC Supp 1960, §59.0514 (4).
SD Codified L § 55-4-29 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-29 - Existing law as to charitable immunity not changed by law as to tort liability of trust estate.

55-4-29. Existing law as to charitable immunity not changed by law as to tort liability of trust estate.Nothing in §§55-4-25 to 55-4-28, inclusive, shall be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees. Source: SL 1943, ch 308, §14; SDC Supp 1960, §59.0514.
SD Codified L § 55-4-30 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-30 - Power of settlor of trust.

55-4-30. Power of settlor of trust.Subject to the final paragraph below, the settlor of any trust affected by this chapter may:(1)By provision in the instrument creating the trust if the trust was created by a writing;(2)By oral statement to the trustee at the time of the creation of the trust if the trust was created orally; or(3)By an amendment of the trust, if the settlor reserved the power to amend the trust, relieve the trustee from any or all of the duties, restrictions, and liabilities which would otherwise be imposed upon the trustee by this chapter; or alter or deny to the trustee any or all of the privileges and powers conferred upon the trustee by this chapter; or add duties, restrictions, liabilities, privileges, or powers, to those imposed or granted by this chapter. However, no act of the settlor relieves a trustee from the duties, restrictions, and liabilities imposed upon the trustee by §§55-4-10 to 55-4-12, inclusive.A provision of a trust instrument relieving a trustee of liability for breach of trust is unenforceable to the extent that it relieves the trustee of liability for breach of trust committed in bad faith or as a result of gross negligence. Source: SL 1943, ch 308, §17; SDC Supp 1960, §59.0517; SL 2000, ch 229, §1; SL 2007, ch 247, §10.
SD Codified L § 55-4-31 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-31 - Trustee not liable if beneficiary consents to conduct or releases trustee from liability or ratifies transaction.

55-4-31. Trustee not liable if beneficiary consents to conduct or releases trustee from liability or ratifies transaction.A trustee is not liable to a beneficiary, as defined under this title or Title 29A, for breach of trust from any or all of the duties, restrictions, and liabilities which would otherwise be imposed on the trustee, except as to the duties, restrictions, and liabilities imposed by §§55-4-10 to 55-4-12, inclusive, if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:(1)The consent, release, or ratifications of the beneficiary were induced by improper conduct of the trustee; or(2)At the time of the consent, release, or ratification, the beneficiary did not have knowledge of the beneficiary's rights or of the material facts relating to the breach.Any such beneficiary may release the trustee from liability to such beneficiary for past violations of any of the provisions of this chapter. No consideration is required for the consent, release, or ratification to be valid. Source: SL 1943, ch 308, §18; SDC Supp 1960, §59.0518; SL 2000, ch 229, §2; SL 2012, ch 233, §14; SL 2014, ch 226, §4.
SD Codified L § 55-4-32 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-32 - Relieving trustee of duties--Power of the court.

55-4-32. Relieving trustee of duties--Power of the court.A court of competent jurisdiction may, for cause shown and upon notice to the beneficiaries, relieve a trustee from any or all of the duties and restrictions which would otherwise be placed upon him by this chapter, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for violations of the provisions of this chapter. Source: SL 1943, ch 308, §19; SDC Supp 1960, §59.0519.
SD Codified L § 55-4-33 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-33 - Liabilities for violations of chapter.

55-4-33. Liabilities for violations of chapter.If a trustee violates any of the provisions of this chapter, he may be removed and denied compensation in whole or in part; and any beneficiary, cotrustee, or successor trustee may treat the violation as a breach of trust. Source: SL 1943, ch 308, §20; SDC Supp 1960, §59.0520.
SD Codified L § 55-4-34 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-34 - Application of chapter to testamentary trust.

55-4-34. Application of chapter to testamentary trust.This chapter shall apply only to testamentary trusts created by wills or codicils executed after July 1, 1943 and to nontestamentary trusts created after July 1, 1943. Source: SL 1943, ch 308, §25; SDC Supp 1960, §59.0523.
SD Codified L § 55-4-35 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-35 - Uniformity of interpretation.

55-4-35. Uniformity of interpretation.This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Source: SL 1943, ch 308, §21; SDC Supp 1960, §59.0521.
SD Codified L § 55-4-36 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-36 - Citation of chapter.

55-4-36. Citation of chapter.This chapter may be cited as the Uniform Trusts Act. Source: SL 1943, ch 308, §22; SDC Supp 1960, §59.0522.
SD Codified L § 55-4-37 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-37 - Liability for fiduciary's partnership interest limited.

55-4-37. Liability for fiduciary's partnership interest limited.If permitted by the trust instrument or will under which a fiduciary serves, or by order of a court having jurisdiction of the estate or trust, a fiduciary may enter into a partnership agreement or arrangement with others or accept the assignment of, or otherwise acquire, hold, and dispose, of an interest in a partnership, and in so doing may become either a general or a limited partner. If the fiduciary becomes a partner, as to creditors of, or claimants against, the partnership and as to the other members of the partnership, the liability, if any, of the fiduciary for the debts and other liabilities of the partnership, whether arising under contract, tort, or otherwise, are limited to the assets of the trust or estate, or so much thereof as may be necessary to discharge such debts and liabilities. Source: SL 1996, ch 285.
SD Codified L § 55-4-38 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-38 - Limitation on trustee's power to make distributions to his or her benefit.

55-4-38. Limitation on trustee's power to make distributions to his or her benefit.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.
SD Codified L § 55-4-39 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-39 - "Trustee" construed broadly.

55-4-39."Trustee" construed broadly.The reference to trustee in §55-4-38 includes any person who is deemed to have any power of a trustee, whether because such person has the right to remove or replace any trustee, or because a reciprocal trust or power doctrine applies, or otherwise. Source: SL 2000, ch 229, §5.
SD Codified L § 55-4-40 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-40 - Applicability of §§ 55-4-38 and 55-4-39.

55-4-40. Applicability of §§55-4-38 and 55-4-39.The provisions of §§55-4-38 and 55-4-39 apply to any trust established before or after July 1, 2000. Source: SL 2000, ch 229, §6.
SD Codified L § 55-4-41 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-41 - Certain trustees exempted from §§ 55-4-38 to 55-4-40, inclusive.

55-4-41. Certain trustees exempted from §§55-4-38 to 55-4-40, inclusive.The provisions of §§55-4-38 to 55-4-40, inclusive, do not apply to a decedent's or settlor's spouse who is the trustee of a testamentary trust or an inter vivos trust for which a marital deduction is allowable. Source: SL 2000, ch 229, §7.
SD Codified L § 55-4-50 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-50 - Co-trustee's inability or failure to perform.

55-4-50. Co-trustee's inability or failure to perform.If a co-trustee is unable to perform duties because of absence, illness, disqualification under other law, or other incapacity, or fails to perform duties due to inaction or neglect, and action is necessary or appropriate under the circumstances to achieve the purposes of the trust or to avoid injury to the trust property, the remaining co-trustee or a majority of the remaining co-trustees may act for the trust. Source: SL 2008, ch 257, §12.
SD Codified L § 55-4-51 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-51 - Certificate of trust furnished in lieu of copy of trust instrument or will that creates testamentary trust--Contents.

55-4-51. Certificate of trust furnished in lieu of copy of trust instrument or will that creates testamentary trust--Contents.Instead of furnishing a copy of the trust instrument or a copy of a will that creates a testamentary trust to a person other than a beneficiary, one or more trustees may furnish to the person a certificate of trust signed by a trustee, settlor, grantor, or trustor containing the following:(1)A statement that the trust exists, the current name of the trust if one has been given, any previous name of the trust if the name of the trust was changed, and the date the trust instrument or will was executed;(2)The name of the settlor, grantor, trustor, testator, or testatrix;(3)The name of each original trustee and the name and address of each trustee currently empowered to act under the trust instrument or will on the date of the execution of the certificate of trust;(4)The applicable powers of the trustee and other provisions set forth in the trust instrument or will as are selected by the person signing the certificate of trust, including those powers authorizing the trustee to sell, convey, pledge, mortgage, lease, or transfer title to any interest in property held in the trust, together with a statement setting forth the number of trustees required by the provisions of the trust instrument or will to act;(5)A statement that the trust is irrevocable or, if the trust is revocable, a statement to that effect and that the trust has not been revoked;(6)A statement that the trust is not supervised by a court, or, if applicable, a statement that the trust is supervised by a court, and which statement also sets forth any restrictions imposed by the court on the trustee's ability to act as otherwise permitted by statute or the terms of the trust instrument or will;(7)If applicable, a description of any property to be conveyed by the trustee;(8)A statement that the trust has not been modified or amended in any manner that would cause the representations contained in the certificate of trust to be incorrect.The person signing the certificate shall certify that the statements contained in the certificate are true and correct. The signature of the person signing the certificate shall be acknowledged or verified under oath before a notary public or other official authorized to administer oaths. A certificate of trust need not contain the dispositive terms of a trust. Source: SL 2009, ch 252, §24; SL 2010, ch 232, §7; SL 2011, ch 212, §15.
SD Codified L § 55-4-51.1 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-51.1 - Recording of certificate of trust--Reliance upon content.

55-4-51.1. Recording of certificate of trust--Reliance upon content.A certificate of trust executed under §55-4-51 may be recorded in the office of the register of deeds with respect to land described in the certificate of trust or any attachment to it. If it is recorded or filed in any county where real property is situated, or in the case of personal property, if it is presented to a third party, the certificate of trust serves to document the existence of the trust, the identity of the trustees, the powers of the trustees, and any limitations on those powers, and other matters the certificate of trust sets out, as though the full trust instrument had been recorded, filed, or presented. Until amended or revoked, or until the full trust instrument or will is recorded, filed, or presented, a certificate of trust is conclusive proof as to the matters contained in it and any party may rely upon the certificate, except a party who has actual knowledge of the facts to the contrary. Source: SL 2010, ch 232, §8; SL 2019, ch 209, §7.
SD Codified L § 55-4-51.2 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-51.2 - Applicability of §§ 55-4-51 and 55-4-51.1.

55-4-51.2. Applicability of §§55-4-51 and 55-4-51.1.Sections 55-4-51 and 55-4-51.1 are effective July 1, 2010, but apply to trust instruments and wills whenever created or executed. Source: SL 2010, ch 232, §9.
SD Codified L § 55-4-52 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-52 - Request for excerpts from trust instrument.

55-4-52. Request for excerpts from trust instrument.A recipient of a certificate of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments that designate the trustee and confer on the trustee the power to act in the pending transaction. Source: SL 2009, ch 252, §25.
SD Codified L § 55-4-53 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 04 - Uniform Trusts Act|Section 55-4-53 - Limitation of liability for acting in reliance on certificate of trust.

55-4-53. Limitation of liability for acting in reliance on certificate of trust.Any person who acts in reliance on a certificate of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying on the certification. Source: SL 2009, ch 252, §26.