Limitation on trustee's power to make distributions to his or her benefit

SDCL § 55-4-38 — under UNIFORM TRUSTS ACT.

SDCL § 55-4-38

Unless the terms of the trust refer to this section and provide otherwise, a power, including the power to make a distribution to another trust under § 55-2-15 , that is exercisable by or attributable to a person, other than the settlor, in such person's capacity as a trustee to make discretionary distribution of either principal or income: (1) To or for the benefit of himself or herself is exercisable by the person only for the person's health, education, maintenance, and support in the person's accustomed manner of living; or (2) To or for the benefit of others, is not exercisable to discharge any of the person's own legal obligations. Source: SL 2000, ch 229 , § 4; SL 2007, ch 281 , § 8.