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§ 55-18-5 Notice, service of process, and consent not required of certain persons.

SD Codified L § 55-18-5 (2019) (N/A)
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55-18-5. Notice, service of process, and consent not required of certain persons. Neither notice nor service of process on, nor consent to, any matter in any proceeding is required from:

(1) An unborn individual;

(2) An unascertained person;

(3) The potential appointee of a power of appointment;

(4) The potential taker in default of a general power of appointment;

(5) An uninterested beneficiary; and

(6) A person bound by a representative.

Notwithstanding subdivisions (1) and (2), if no interested beneficiary, or representative thereof, would otherwise receive notice or provide consent with respect to the matter in question, a representative of an unborn or unascertained person shall act pursuant to § 55-18-9.

Notwithstanding subdivision (5), with respect to the matter in question, notice is required to, or consent is required from, an uninterested beneficiary who does not have a substantially identical interest with one or more interested beneficiaries.

Source: SL 2017, ch 208, § 5; SL 2018, ch 275, § 32.

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§ 55-18-4 Conditions under which representative may not bind person represented.
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§ 55-18-6 Notice or consent respecting co-representatives.