55-1-40. Language resulting in classification of distribution interest.Although not the exclusive means to create a distribution interest, absent clear and convincing evidence to the contrary, the following language by itself results in the following classification of distribution interest:(1)Mandatory interest:(a)'All income shall be distributed to (named beneficiary)'; or(b)'One hundred thousand dollars a year shall be distributed to (named beneficiary)';(2)Support interest:(a)'The trustee shall make distributions for health, education, maintenance, and support';(3)Discretionary interest:(a)'The trustee, may, in the trustee's sole and absolute discretion make distributions for health, education, maintenance, and support';(b)'The trustee, in the trustee's sole and absolute discretion, shall make distributions for health, education, maintenance, and support';(c)'The trustee may make distributions for health, education, maintenance, and support';(d)'The trustee shall make distributions for health, education, maintenance, and support. The trustees may exclude any of the beneficiaries or may make unequal distributions among them';(e)'The trustee may make distributions for health, ons for health, education, maintenance, and support. The trustees may exclude any of the beneficiaries or may make unequal distributions among them';(e)'The trustee may make distributions for health, education, maintenance, support, comfort, and general welfare. Source: SL 2007, ch 280, §17; SL 2008, ch 257, §7.
South Dakota Legal Code