reglab/housing_qa huggingface dataset:
SD Codified L § 29A-2-507 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-507 - Revocation by writing or by act.

29A-2-507. Revocation by writing or by act.(a) A will or any part thereof is revoked:(1)By executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or(2)By performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this paragraph, "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it, whether or not the revocatory act touched any of the words on the will.(b) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.(c) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.(d) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent. Source: SL 1995, ch 167, §2-507.
SD Codified L § 29A-2-508 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-508 - Revocation by change of circumstances.

29A-2-508. Revocation by change of circumstances.Except as provided in §§29A-2-803 and 29A-2-804, a change of circumstances does not revoke a will or any part of it. Source: SL 1995, ch 167, §2-508.
SD Codified L § 29A-2-509 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-509 - Revival of revoked will.

29A-2-509. Revival of revoked will.(a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under §29A-2-507(a)(2), the previous will is revived only if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent statements that the testator intended the previous will to take effect as executed.(b) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under §29A-2-507(a)(2), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent statements that the testator did not intend the revoked part to take effect as executed.(c) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later, will, the previous will or its revoked part is revived only to the extent that it appears from the terms of the later will that the testator intended the previous will to take effect. Source: SL 1995, ch 167, §2-509.
SD Codified L § 29A-2-510 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-510 - Incorporation by reference.

29A-2-510. Incorporation by reference.A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. Source: SL 1995, ch 167, §2-510.
SD Codified L § 29A-2-511 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-511 - Testamentary additions to trusts.

29A-2-511. Testamentary additions to trusts.(a) A will may validly devise property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.(b) Unless the testator's will provides otherwise, property devised to a trust described in subsection (a) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.(c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse. Source: SL 1995, ch 167, §2-511.
SD Codified L § 29A-2-512 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-512 - Events of independent significance.

29A-2-512. Events of independent significance.A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event. Source: SL 1995, ch 167, §2-512.
SD Codified L § 29A-2-513 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-513 - Separate writing identifying devise of certain types of tangible personal property.

29A-2-513. Separate writing identifying devise of certain types of tangible personal property.Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will. Source: SL 1995, ch 167, §2-513.
SD Codified L § 29A-2-514 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-514 - Contracts concerning succession.

29A-2-514. Contracts concerning succession.A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed on or after July 1, 1995, may be established only by (i) provisions of a will stating material provisions of the contract, (ii) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract, or (iii) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. Source: SL 1995, ch 167, §2-514.
SD Codified L § 29A-2-515 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-515 - Deposit of will with court in testator's lifetime.

29A-2-515. Deposit of will with court in testator's lifetime.A will may be deposited by the testator or the testator's agent with any court for safekeeping. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request; or the court may deliver the will to the appropriate court. Source: SL 1995, ch 167, §2-515.
SD Codified L § 29A-2-516 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-516 - Duty of custodian of will--Liability.

29A-2-516. Duty of custodian of will--Liability.After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court or to a person able to secure its probate. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. Source: SL 1995, ch 167, §2-516.
SD Codified L § 29A-2-517 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-517 - Penalty clause for contest.

29A-2-517. Penalty clause for contest.A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. Source: SL 1995, ch 167, §2-517.
SD Codified L § 29A-2-601 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-601 - Scope.

29A-2-601. Scope.In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will. Source: SL 1995, ch 167, §2-601.
SD Codified L § 29A-2-602 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-602 - Will may pass all property and after-acquired property.

29A-2-602. Will may pass all property and after-acquired property.A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death. Source: SL 1995, ch 167, §2-602.
SD Codified L § 29A-2-603 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-603 - Anti-lapse--Deceased devisee--Class gifts.

29A-2-603. Anti-lapse--Deceased devisee--Class gifts.(a) If an individual named as a devisee in a will dies before the will was executed, or dies after the will was executed and before the testator, the devise fails unless (i) the devisee is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of the stepchild of the testator and (ii) the devisee left descendants who survive the testator. Those descendants take by representation the property to which the devisee would have been entitled had the devisee survived the testator.(b) If a devise is made in the form of a class gift and a devisee (member of the class) dies before the will was executed, or dies after the will was executed and before the testator, the share of the devisee fails, passes to the surviving members of the class, or passes to the surviving descendants of any deceased members of the class, as the case may be, unless (i) the devisee is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator and (ii) the devisee left descendants who survive the testator. Those descendants take by representation the property to which the devisee would have been entitled had the devisee survived the testator.(c) For purposes of this section:(1)"Class gift" excludes a devise to "issue," "descendants," or "heirs of the body," the disposition of which is controlled by §29A-2-708, and excludes a devise to "heirs," "next of kin," "relatives," "family," or a class described by language of similar import, the disposition of which is controlled by §29A-2-711.(2)"Devise" excludes a future interest in trust, the disposition of which is controlled by §29A-2-707, and "devisee" excludes a beneficiary thereof. Source: SL 1995, ch 167, §2-603.
SD Codified L § 29A-2-604 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-604 - Failure of testamentary provision.

29A-2-604. Failure of testamentary provision.(a) A devise, other than a residuary devise, that fails for any reason becomes a part of the residue.(b) A residuary devise that fails for any reason passes to the testator's heirs unless the residue is devised to two or more persons, in which event the failed devise passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue. Source: SL 1995, ch 167, §2-604.
SD Codified L § 29A-2-605 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-605 - Increase in securities--Accessions.

29A-2-605. Increase in securities--Accessions.(a) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:(1)Securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;(2)Securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or(3)Securities of the same organization acquired as a result of a plan of reinvestment.(b) Distributions in cash before death with respect to a described security are not part of the devise. Source: SL 1995, ch 167, §2-605.
SD Codified L § 29A-2-606 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-606 - Nonademption of specific devises--Unpaid proceeds of sale, condemnation, or insurance--Sale by conservator or agent.

29A-2-606. Nonademption of specific devises--Unpaid proceeds of sale, condemnation, or insurance--Sale by conservator or agent.(a) A specific devisee has a right to the specifically devised property in the testator's estate at death and:(1)Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;(2)Any amount of a condemnation award for the taking of the property unpaid at death;(3)Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property;(4)Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;(5)Property owned by the testator at death if it is evident from the circumstances that the testator intended the property to be distributed as a replacement for specifically devised property.(b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for a principal who lacks capacity, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery. The right of a specific devisee under this subsection is reduced by any right the devisee has under subsection (a). For purposes of this subsection, the acts of an agent within the authority of a durable power of attorney are presumed to be for a principal who lacks capacity. Source: SL 1995, ch 167, §2-606.
SD Codified L § 29A-2-607 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-607 - Nonexoneration.

29A-2-607. Nonexoneration.A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. Source: SL 1995, ch 167, §2-607.
SD Codified L § 29A-2-608 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-608 - Exercise of power of appointment.

29A-2-608. Exercise of power of appointment.In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, expresses an intention to exercise a power of appointment held by the testator only if (i) the power is a general power and the creating instrument does not contain a gift if the power is not exercised or (ii) the testator's will manifests an intention to include the property subject to the power. Source: SL 1995, ch 167, §2-608.
SD Codified L § 29A-2-609 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-609 - Ademption by satisfaction.

29A-2-609. Ademption by satisfaction.(a) Property a testator gave during lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if (i) the will provides for deduction of the gift, (ii) the testator declared in a writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise, or (iii) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.(b) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.(c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying §§29A-2-603 and 29A-2-604, unless the testator's writing provides otherwise. Source: SL 1995, ch 167, §2-609.
SD Codified L § 29A-2-701 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-701 - Scope.

29A-2-701. Scope.In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument. Source: SL 1995, ch 167, §2-701.
SD Codified L § 29A-2-703 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-703 - Choice of law as to meaning and effect of governing instrument.

29A-2-703. Choice of law as to meaning and effect of governing instrument.The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in Part 2, the provisions relating to exempt property and allowances described in Part 4, or any other public policy of this state otherwise applicable to the disposition. Source: SL 1995, ch 167, §2-703.
SD Codified L § 29A-2-704 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-704 - Power of appointment--Meaning of specific reference requirement.

29A-2-704. Power of appointment--Meaning of specific reference requirement.If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference, to the power or its source, it is presumed that the donor's intention, in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument, was to prevent an inadvertent exercise of the power. Source: SL 1995, ch 167, §2-704.
SD Codified L § 29A-2-705 (2021)
2021 South Dakota Codified Laws|Title 29A - Uniform Probate Code|Chapter 02 - Intestate Succession And Wills|Section 29A-2-705 - Class gifts construed to accord with intestate succession.

29A-2-705. Class gifts construed to accord with intestate succession.Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles," "aunts," "nieces," or "nephews," are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers," "sisters," "nieces," or "nephews," are construed to include both types of relationships. Source: SL 1995, ch 167, §2-705.