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§ 55-1-46 No contest clause defined--Enforceability.

SD Codified L § 55-1-46 (2019) (N/A)
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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.Source: SL 2012, ch 233, § 8.

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§ 55-1-47 Extrinsic evidence not admissible to establish settlor's intent concerning no contest clause.