LegalFix
Sign In

§ 55-17-14 Unenforceable trusts.

SD Codified L § 55-17-14 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

55-17-14. Unenforceable trusts. A South Dakota special spousal trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:

(1) The trust was unconscionable when made;

(2) The spouse against whom enforcement is sought did not execute the South Dakota special spousal trust agreement voluntarily; or

(3) Before execution of the South Dakota special spousal trust agreement, the spouse against whom enforcement is sought:

(a) Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse;

(b) Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided; and

(c) Did not have notice of the property or financial obligations of the other spouse.

Whether a South Dakota special spousal trust is unconscionable is determined by a court as a matter of law.

Source: SL 2016, ch 231, § 42.

Previous Section
§ 55-17-13 Bona fide purchaser defined.
No more sections