55-3-20.1. Grounds for removal of trustee.
In addition to other remedies available by law and procedures or powers set out in a trust instrument, the settlor, or the settlor's agent, a trust protector, a cotrustee, or a qualified beneficiary as defined in §55-2-13, or an enforcer, as defined in §55-1-21.4, may request the court to remove a trustee, or a trustee may be removed by the court on the court's own initiative.
In addition to the powers otherwise granted the court, the court may remove a trustee if:
(1)The trustee commits a serious breach of trust;
(2)Lack of cooperation among cotrustees substantially impairs the administration of the trust;
(3)Because of unfitness, unwillingness, persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries;
(4)There is a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available; or
(5)If the trustee merges with another institution or the location or place of administration of the trust changes, and the court finds that removal of the trustee best serves the interests of all of the beneficiaries, and a suitable cotrustee or successor trustee is available.
Pending a final decision on a request to remove a trustee, the court may order such appropriate relief as may be necessary to protect the trust property or the interests of the beneficiaries.
Source: SL 2009, ch 252, §23; SL 2015, ch 240, §17; SL 2020, ch 206, § 14.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 03 - Express Trusts For Third Party Beneficiaries
Section 55-3-1 - Application of chapter.
Section 55-3-2 - Creation of trust--Mutual consent of trustor and trustee.
Section 55-3-3 - Appointing court or public officer as trustor.
Section 55-3-4 - Declaration of trust--Declarations of trustor to trustee before acceptance.
Section 55-3-5 - Trustee to follow declaration of trust--Modifications.
Section 55-3-6 - Trust irrevocable in absence of express contrary provisions.
Section 55-3-7 - Trustee's power as agent.
Section 55-3-10 - Degree of care and diligence used in execution of trusts.
Section 55-3-12 - Purchase by trustee of claims against trust property.
Section 55-3-13 - Expenses incurred by trustee in performance of trust--Reimbursement.
Section 55-3-14 - Compensation of trustee.
Section 55-3-15 - Implied trustee--No rights to compensation or repayment of expenses.
Section 55-3-16 - Vacation of office of trustee.
Section 55-3-17 - Discharge of trustee--Grounds.
Section 55-3-17.1 - Resignation of fiduciary.
Section 55-3-18 - Survivorship between cotrustees.
Section 55-3-20 - Removal of trustee by circuit court--Vacant trusteeship filled by court.
Section 55-3-20.1 - Grounds for removal of trustee.
Section 55-3-21 - Appointment of trustee by circuit court--Grounds.
Section 55-3-23 - Termination of trust.
Section 55-3-26 - Petition to modify terms of trust--Circumstances--Distribution of property.
Section 55-3-28 - Terms of trust may be reformed by court.
Section 55-3-29.1 - Defense of laches not available.
Section 55-3-29.2 - Statute of limitations defense not available.
Section 55-3-30 - Provisions not exclusive.
Section 55-3-39 - When state law or jurisdiction provision valid, effective, and conclusive.
Section 55-3-41 - Qualified person defined.
Section 55-3-42 - State jurisdiction provision defined.
Section 55-3-43 - South Dakota investments defined.
Section 55-3-44 - Trustor defined.
Section 55-3-47 - Cessation of trustee upon action of foreign court--Successor trustee.
Section 55-3-48 - South Dakota law governs administration of trust.