55-5-8. Diversification of investments.
The trustee shall diversify the investments of the trust unless, under the circumstances, the trustee reasonably believes it is in the interests of the beneficiaries and furthers the purposes of the trust not to diversify. Regardless of concentration or lack of diversification, the trustee need not diversify if the trust instrument or court order allows or directs retention of assets forming part of the trust corpus and no trustee is liable to a beneficiary to the extent that the trustee acted in reliance on the provisions of the trust instrument or court order. If a trust instrument or court order allows or directs a fiduciary to invest in a specific investment, type of investment, or investment concentration, no trustee is liable to a beneficiary to the extent that the trustee acted in reliance on the provisions of the trust instrument or court order.
Source: SL 1995, ch 271, §8; SL 2006, ch 243, §9; SL 2009, ch 252, §31; SL 2010, ch 232, §14.
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.