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25 chapters · 550 sections in this title.
SDCL § 55-5-10 Investment strategy--Productivity judged by whole portfolio
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The trustee shall pursue an investment strategy that considers both the reasonable production of income and safety of capital, consistent with the trustee's duty of impartiality and the purpose of the trust. Whether investments are underproductive or overproductive of income shal…
SDCL § 55-5-11 Circumstances considered in investment decisions
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The circumstances that the trustee may consider in making investment decisions include, without limitation, the general economic conditions, the possible effect of inflation, the expected tax consequences of investment decisions or strategies, the role each investment or course o…
SDCL § 55-5-12 Precedence of express provisions of trust instrument
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The provisions of this chapter may be expanded, restricted, eliminated, or otherwise altered by express provisions of the trust instrument. The trustee is not liable to a beneficiary for the trustee's reasonable and good faith reliance on those express provisions. Source: SL 1995…
SDCL § 55-5-13 Court authority over trustee
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Nothing in this chapter abrogates or restricts the power of an appropriate court in proper cases to direct or permit the trustee to deviate from the terms of the trust instrument or to direct or permit the trustee to take, or to restrain the trustee from taking, any action regard…
