South Dakota Codified Laws
Chapter 03 - Express Trusts For Third Party Beneficiaries
Section 55-3-29.2 - Statute of limitations defense not available.

55-3-29.2. Statute of limitations defense not available.
No beneficiary of a trust may assert a statute of limitations defense in any proceeding to modify, reform, or terminate a trust pursuant to §§55-3-23 to 55-3-29, inclusive.

Source: SL 2011, ch 212, §12.

Structure South Dakota Codified Laws

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 55-3-11 - Investment of money by trustee--Interest, simple or compound, on omission to invest trust moneys.

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 55-3-24 - Modification or termination of trust--Notice to fiduciaries--Distribution of property.

Section 55-3-25 - Petition to court for affirmation--Non-consenting beneficiaries--Distribution of property.

Section 55-3-26 - Petition to modify terms of trust--Circumstances--Distribution of property.

Section 55-3-27 - Termination of noncharitable trusts valued under one hundred fifty thousand dollars--Distribution of property.

Section 55-3-28 - Terms of trust may be reformed by court.

Section 55-3-29 - Trustee may combine or divide trusts--Rights of beneficiaries--Trust purposes--Petition to 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 55-3-40 - Validity, construction, and administration of trust with state jurisdiction provision.

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 55-3-45 - Beneficiary approval of trustee's accounting--Alternative approval of trustee's accounting--Accounting defined.

Section 55-3-46 - Effect of the laws, rules, or orders of foreign country on trust or disposition of property.

Section 55-3-46.1 - Effect of laws, rules, or orders of other states on a trust or disposition of property.

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.

Section 55-3-49 - Enforcement of foreign judgments.