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§ 55-1-24.1 Improper motive.

SD Codified L § 55-1-24.1 (2019) (N/A)
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55-1-24.1. Improper motive. For purposes of §§ 55-1-24 to 55-1-45, inclusive, improper motive is demonstrated by action such as the following:

(1) A trustee refusing to make or limiting distributions to beneficiaries other than the trustee due to the trustee's self interest when the trustee also holds a beneficial interest subject to a discretionary interest; or

(2) A trustee making a distribution in excess of an ascertainable standard to himself or herself as beneficiary when the trustee is restricted by an ascertainable standard in the trust.Source: SL 2008, ch 257, § 3; SL 2011, ch 212, § 31.

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§ 55-1-24 Definitions applicable to §§ 55-1-24 to 55-1-45.
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§ 55-1-24.2 Withdrawal power.