SB 65 makes two main changes to South Dakota trust law: it allows courts to award attorneys' fees and costs in trust disputes to either parties or the trust itself, with payments from the trust potentially deducted from beneficiaries' future distributions, and it clarifies that purpose trusts must always have an enforcer (either designated or court-appointed) to oversee the trust's stated purpose. These changes aim to make trust administration more flexible and ensure that non-charitable purpose trusts cannot become unenforceable due to lack of an enforcer.
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Signed by the Governor S.J. 493
Delivered to the Governor S.J. 450
Signed by the Speaker H.J. 498
Signed by the President S.J. 421
House of Representatives Do Pass Amended Passed, YEAS 65, NAYS 1. H.J. 451
House of Representatives Do Pass Amended Passed, YEAS 65, NAYS 1. H.J. 453
Judiciary Scheduled for hearing
Judiciary Certified uncontested, placed on consent
Judiciary Do Pass Passed, YEAS 10, NAYS 0.
House of Representatives Referred to House Judiciary H.J. 411
First Reading House H.J. 298
Senate Do Pass Amended Passed, YEAS 27, NAYS 3. S.J. 231
Judiciary Do Pass Amended Passed, YEAS 6, NAYS 1.
Judiciary Motion to amend
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 62
Jeff Partridge
Prime sponsor · Sen.
R
Timothy Johns
Prime sponsor · Rep.
R
Cosponsors
Judiciary — Do Pass
Do Pass Amended
Judiciary — Do Pass Amended