55-5-12. Precedence of express provisions of trust instrument.
The provisions of this chapter may be expanded, restricted, eliminated, or otherwise altered by express provisions of the trust instrument. The trustee is not liable to a beneficiary for the trustee's reasonable and good faith reliance on those express provisions.
Source: SL 1995, ch 271, ยง12.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 05 - Investment And Management Powers Of Fiduciaries
Section 55-5-6 - Standards for investing and managing assets.
Section 55-5-7 - Prudent investor rule.
Section 55-5-8 - Diversification of investments.
Section 55-5-10 - Investment strategy--Productivity judged by whole portfolio.
Section 55-5-11 - Circumstances considered in investment decisions.
Section 55-5-12 - Precedence of express provisions of trust instrument.
Section 55-5-13 - Court authority over trustee.
Section 55-5-14 - Authorization language.
Section 55-5-15 - Applicability of chapter.
Section 55-5-16 - Delegation of responsibilities to others.
Section 55-5-17 - Duties of trustee with respect to life insurance--Notice to settlor.