55-10A-13. Validity and effect of transfer.
The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(1)Failure of the transferor to comply with §55-10A-11 concerning possession and control;
(2)Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under §55-10A-9; or
(3)Death or incapacity of a person nominated under §55-10A-3, or designated under §55-10A-9, as custodian or the disclaimer of the office by that person.
A transfer made pursuant to §55-10A-9, is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in this chapter and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.
By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in this chapter.
Source: SL 1986, ch 409, §13.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 10A - Uniform Transfers To Minors Act
Section 55-10A-1 - Definitions.
Section 55-10A-2 - Scope and jurisdiction.
Section 55-10A-3 - Nomination of custodian.
Section 55-10A-4 - Transfer by gift or exercise of power of appointment.
Section 55-10A-5 - Transfer authorized by will or trust.
Section 55-10A-6 - Other transfer by fiduciary.
Section 55-10A-7 - Transfer by obligor.
Section 55-10A-8 - Receipt for custodial property.
Section 55-10A-9 - Manner of creating custodial property and effecting transfer.
Section 55-10A-10 - Designation of initial custodian.
Section 55-10A-12 - Single custodianship.
Section 55-10A-13 - Validity and effect of transfer.
Section 55-10A-14 - Care of custodial property.
Section 55-10A-15 - Powers of custodian.
Section 55-10A-16 - Use of custodial property.
Section 55-10A-17 - Custodian's expenses, compensation, and bond.
Section 55-10A-18 - Exemption of third person from liability.
Section 55-10A-19 - Liability to third persons.
Section 55-10A-21 - Accounting by and determination of liability of custodian.
Section 55-10A-22 - Termination of custodianship.
Section 55-10A-23 - Applicability.
Section 55-10A-24 - Effect on existing custodianships.