Classification of interest as support interest

SDCL § 55-1-38.1, under CLASSIFICATION AND CREATION OF TRUSTS.

SDCL § 55-1-38.1

If a trust instrument containing the distribution language specifically provides that the trustee exercise discretion in a reasonable manner with regard to a discretionary interest, then notwithstanding any other provision of §§ 55-1-38 to 55-1-43 , inclusive, the distribution interest shall be classified as a support interest. A beneficiary's right to a distribution as well as a creditor's right regarding a beneficiary's support interest is governed by § 55-1-42 . Source: SL 2009, ch 252 , § 8.