South Dakota § 55-1A-32.1 - Trustee immunity from liability for failure to prosecute, defend, or continue to defend.
Full text of South Dakota South Dakota Codified Laws § 55-1A-32.1 — Trustee immunity from liability for failure to prosecute, defend, or continue to defend., with citation guidance and answers to common questions.
§ 55-1A-32.1. Trustee immunity from liability for failure to prosecute, defend, or continue to defend.
If the trustee fails to prosecute, defend, or continue to defend the trust or its assets because the conditions set forth in subdivision 55-1A-32(1) or (2) have not been fulfilled, the trustee is not liable for any such failure even if the failure, including without limitation a withdrawal from a proceeding, may result in the granting or awarding of relief against the trustee or the trust, including without limitation a distribution of trust assets in satisfaction of a claim.
For purposes of chapter 55-1A, the term, prosecute, or, defend or continue to defend, means:
(1) Instituting, participating in, intervening in or defending a lawsuit, action in equity or administrative, arbitration or mediation proceeding (collectively a proceeding); or
(2) Taking any other action to resist such claim.
This section and § 55-1A-32 control unless the governing instrument specifically provides otherwise.
Source: SL 2017, ch 204, § 14.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 55-1A-32.1
What does South Dakota Codified Laws § 55-1A-32.1 cover?
Section 55-1A-32.1 ("Trustee immunity from liability for failure to prosecute, defend, or continue to defend.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 55-1A-32.1?
A common citation format is "South Dakota Codified Laws § 55-1A-32.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 55-1A-32.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.