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South Dakota

South Dakota Codified Laws. Title 55. Fiduciaries and Trusts. Chapter 55-1. Classification and Creation of Trusts. 55-1-21. Trust for care of designated animal.

Statute Details
Printable Version
Citation: S D C L 55-1-21 - 23

Citation: SD ST 55-1-21 - 23


Last Checked by Web Center Staff: 11/2013

Summary:   South Dakota's pet trust law was enacted in 2006. The trust terminates when no living animal is covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this section.


Statute in Full:

55-1-21. Trust for care of designated animal.

Subject to the provisions of § 55-1-22, a trust for the care of a designated animal is valid. The trust terminates when no living animal is covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this section, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.

Source: SL 2006, ch 247, § 2.

COMMISSION NOTE

SL 2006, ch 247, § 2 provided for the placement of this section in chapter 29A-2. The Code Commission codified this section in chapter 55-1 because the subject matter related to the classification and creation of trusts.

 

55-1-22. Provisions governing trusts for specific purposes selected by trustee and for care of animals

Any trust provided for by §§ 55-1-20 and 55-1-21 is subject to the following provisions:

(1) Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal;
(2) Upon termination, the trustee shall transfer the unexpended trust property in the following order:
(a) As directed in the trust instrument;
(b) If the trust was created in a nonresiduary clause in the transferor's will or in a codicil to the transferor's will, then under the residuary clause in the transferor's will; and
(c) If no beneficiary results from the application of subsection (a) or (b) of this subdivision, then to the transferor's heirs under § 29A-2-711;
(3) For the purposes of § 29A-2-707, the residuary clause is treated as creating a future interest under the terms of a trust;
(4) The intended use of the principal or income may be enforced by a person designated for that purpose in the trust instrument or, if none, by an individual appointed by a court upon application to it by that person;
(5) Except as ordered by the court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or fee is required by reason of the existence of the fiduciary relationship of the trustee;
(6) A court may reasonably reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use. The amount of the reduction, if any, passes as unexpended trust property under subdivision (2) of this section;
(7) If no trustee is designated or no designated trustee is willing or able to serve, a court shall name a trustee. A court may order the transfer of the property to another trustee if required to ensure that the intended use is carried out and if no successor trustee is designated in the trust instrument or if no designated successor trustee agrees to serve or is able to serve. A court may also make such other orders and determinations as are advisable to carry out the intent of the transferor and the purpose of §§ 55-1-20 to 55-1-23, inclusive.

Source: SL 2006, ch 247, § 3.

COMMISSION NOTE

SL 2006, ch 247, § 3 provided for the placement of this section in chapter 29A-2. The Code Commission codified this section in chapter 55-1 because the subject matter related to the classification and creation of trusts.

55-1-23. Rule against perpetuities not reinstated- 55-1-23. Repealed by SL 2011, ch 212, § 41

HISTORICAL AND STATUTORY NOTES

The repealed section, which provided that the rule against perpetuities was not reinstated as to any trust except honorary trusts or trusts for the care of specific animals, was derived from SL 2006, ch 247, § 4.
 
 


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