55-1-39. Bifurcation of trust.To the extent a trust contains any combination of a mandatory provision, a support provision, the trust shall be bifurcated as follows:(1)The trust shall be a mandatory interest only to the extent of the mandatory language;(2)The trust shall be a support interest only to the extent of such support language;(3)The remaining trust property shall be held as a discretionary interest;(4)A support interest that includes mandatory language such as 'shall' but is subsequently qualified by discretionary language, shall be classified as a discretionary interest and not as a support interest. Source: SL 2007, ch 280, §16.
South Dakota Legal Code