Section 55-3-29 - Trustee may combine or divide trusts--Rights of beneficiaries--Trust purposes--Petition to court. - South-dakota Statutes

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55-3-29. Trustee may combine or divide trusts--Rights of beneficiaries--Trust purposes--Petition to court. Without approval of court and except as otherwise provided by the terms of the trust, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the combination or division does not impair the rights of any of the beneficiaries or substantially affect the accomplishment of the trust purposes. On petition by a trustee or beneficiary, the court may affirm or prevent a proposed combination or division; and, if the terms of the trust instruments creating the trusts are inconsistent, the court shall resolve such inconsistencies in its order by establishing the terms of the trust that will survive the combination or division.

Source: SL 1998, ch 282, § 7; SL 2004, ch 312, § 11.

State Codes and Statutes

Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-29

55-3-29. Trustee may combine or divide trusts--Rights of beneficiaries--Trust purposes--Petition to court. Without approval of court and except as otherwise provided by the terms of the trust, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the combination or division does not impair the rights of any of the beneficiaries or substantially affect the accomplishment of the trust purposes. On petition by a trustee or beneficiary, the court may affirm or prevent a proposed combination or division; and, if the terms of the trust instruments creating the trusts are inconsistent, the court shall resolve such inconsistencies in its order by establishing the terms of the trust that will survive the combination or division.

Source: SL 1998, ch 282, § 7; SL 2004, ch 312, § 11.

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State Codes and Statutes

Statutes > South-dakota > Title-55 > Chapter-03 > Statute-55-3-29

55-3-29. Trustee may combine or divide trusts--Rights of beneficiaries--Trust purposes--Petition to court. Without approval of court and except as otherwise provided by the terms of the trust, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the combination or division does not impair the rights of any of the beneficiaries or substantially affect the accomplishment of the trust purposes. On petition by a trustee or beneficiary, the court may affirm or prevent a proposed combination or division; and, if the terms of the trust instruments creating the trusts are inconsistent, the court shall resolve such inconsistencies in its order by establishing the terms of the trust that will survive the combination or division.

Source: SL 1998, ch 282, § 7; SL 2004, ch 312, § 11.