South Dakota Codified Laws
Chapter 18 - Virtual Representation
Section 55-18-5 - Notice, service of process, and consent not required of certain persons.

55-18-5. Notice, service of process, and consent not required of certain persons.
Neither notice nor service of process on, nor consent to, any matter in any proceeding is required from:
(1)An unborn individual;
(2)An unascertained person;
(3)The potential appointee of a power of appointment;
(4)The potential taker in default of a general power of appointment;
(5)An uninterested beneficiary; and
(6)A person bound by a representative.
Notwithstanding subdivisions (1) and (2), if no interested beneficiary, or representative thereof, would otherwise receive notice or provide consent with respect to the matter in question, a representative of an unborn or unascertained person shall act pursuant to §55-18-9.
Notwithstanding subdivision (5), with respect to the matter in question, notice is required to, or consent is required from, an uninterested beneficiary who does not have a substantially identical interest with one or more interested beneficiaries.

Source: SL 2017, ch 208, §5; SL 2018, ch 275, §32.

Structure South Dakota Codified Laws