55-18-1. Definitions.Terms used in this chapter mean:(1)'Bind' or 'bound,' to consent, receive notice or service of process, approve, agree, object, resist, waive, or demand for or as a person with the same binding and conclusive effect as if the person represented had;(2)'Conflict of interest,' a situation in which a representative's interest in the trust causes a significant likelihood that a reasonable person would disregard a representative's duty to a represented beneficiary. A conflict of interest, however, excludes:(a)Any adversity, conflict or opposed interests substantially unrelated to the representative's interest in the trust;(b)Any past situation which is not likely to re-occur; and(c)Any conflict of interest which falls short of a material conflict of interest;(3)'Co-representative,' more than one simultaneously acting representative of the same class pursuant to §55-18-9, as when co-guardians are acting:(4)'Conservator,' a person appointed pursuant to chapter 29A-5 or equivalent provisions of another jurisdiction's laws including a temporary conservator, a guardian ad litem, and a limited conservator;(5)'Fiduciary,' a person defined by subdivision 21-22-1(3), except uivalent provisions of another jurisdiction's laws including a temporary conservator, a guardian ad litem, and a limited conservator;(5)'Fiduciary,' a person defined by subdivision 21-22-1(3), except as used in §55-18-17;(6)'Guardian,' a person appointed pursuant to chapter 29A-5 or equivalent provisions of another jurisdiction's laws including a temporary guardian and a limited guardian;(7)'Incapacitated' or 'incapacity,' lacking the capacity to meaningfully understand the matter in question because of a mental or physical impairment;(8)'Interest,' a beneficial interest as defined by subdivision 55-1-24(1) but including the holder of a power of appointment, and any power to remove or replace a fiduciary or a representative;(9)'Interested beneficiary,' a person who, on the date the person's qualification is determined:(a)Is a current distributee or permissible distributee of trust income or principal;(b)Would be a distributee or permissible distributee of trust income or principal if the interests of the current distributees terminated on that date;(c)Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date;(d)Holds a if the interests of the current distributees terminated on that date;(c)Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date;(d)Holds a power of appointment; or(e)Would hold a power of appointment if the interests of the current distributees terminated on that date or the interests of the persons currently holding a power of appointment under this subdivision terminated on that date;(10)'Knows' or 'knowingly,' actual knowledge of the fact in question;(11)'Minor,' any person who has not attained the age of eighteen. The term includes a minor with an incapacity;(12)'Nonjudicial settlement,' an agreement, release, or other action whether or not approved by a court, which may include, without limitation:(a)The interpretation or construction of the terms of a trust;(b)The approval of any fiduciary's report or accounting;(c)Direction to any fiduciary to refrain from performing a particular act or the grant to a fiduciary of any necessary or desirable power;(d)The resignation or appointment of any fiduciary;(e)The determination of a fiduciary or a representative's compensation;(f)The transfer of a trust's principal place of necessary or desirable power;(d)The resignation or appointment of any fiduciary;(e)The determination of a fiduciary or a representative's compensation;(f)The transfer of a trust's principal place of administration or situs;(g)The liability of any fiduciary's action or omission relating to a trust;(h)Partial or final settlement agreements regarding a trust or its administration; or(i)The modification, amendment, reformation, or termination of a trust;(13)'Notice' or 'notifies,' notice provided in accordance with §55-2-24;(14)'Notifier,' a person who is undertaking notice or proposing consent with regard to a matter concerning a trust;(15)'Power of appointment,' a power defined by §55-1-12;(16)'Proceeding,' any judicial or nonjudicial trust proceeding, accounting, termination, modification, reformation, decanting, settlement, nonjudicial settlement, and any proceeding conducted pursuant to chapter 21-22 or title 29A which concerns a trust;(17)'Protected person,' a person other than a minor for whom a guardian or conservator is appointed;(18)'Reasonably available,' with respect to a person, that the person can be identified and located with the exercise of reasonable other than a minor for whom a guardian or conservator is appointed;(18)'Reasonably available,' with respect to a person, that the person can be identified and located with the exercise of reasonable diligence;(19)'Representative,' a person who may bind another person pursuant to §55-18-9;(20)'Trust,' an express inter vivos or testamentary trust; and(21)'Uninterested beneficiary,' a beneficiary other than an interested beneficiary. Source: SL 2017, ch 208, §2; SL 2018, ch 275, §31; SL 2019, ch 209, §9; SL 2021, ch 207, §3; SL 2023, ch 161, §16.
South Dakota Legal Code