State Codes and Statutes

Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-28

55-3-28. Terms of trust may be reformed by court. On petition by a trustee or beneficiary, the court may reform the terms of the trust to conform to the trustor's intention if the failure to conform was due to a mistake of fact or law and the trustor's intent can be established. The terms of the trust may be construed or modified, in a manner that does not violate the trustor's probable intention, to achieve the trustor's tax objectives.

Source: SL 1998, ch 282, § 6.

State Codes and Statutes

Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-28

55-3-28. Terms of trust may be reformed by court. On petition by a trustee or beneficiary, the court may reform the terms of the trust to conform to the trustor's intention if the failure to conform was due to a mistake of fact or law and the trustor's intent can be established. The terms of the trust may be construed or modified, in a manner that does not violate the trustor's probable intention, to achieve the trustor's tax objectives.

Source: SL 1998, ch 282, § 6.