South Dakota § 29A-2-603 - Anti-lapse--Deceased devisee--Class gifts.
Full text of South Dakota South Dakota Codified Laws § 29A-2-603 — Anti-lapse--Deceased devisee--Class gifts., with citation guidance and answers to common questions.
§ 29A-2-603. Anti-lapse--Deceased devisee--Class gifts.
(a) If an individual named as a devisee in a will dies before the will was executed, or dies after the will was executed and before the testator, the devise fails unless (i) the devisee is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of the stepchild of the testator and (ii) the devisee left descendants who survive the testator. Those descendants take by representation the property to which the devisee would have been entitled had the devisee survived the testator.
(b) If a devise is made in the form of a class gift and a devisee (member of the class) dies before the will was executed, or dies after the will was executed and before the testator, the share of the devisee fails, passes to the surviving members of the class, or passes to the surviving descendants of any deceased members of the class, as the case may be, unless (i) the devisee is a grandparent, a descendant of a grandparent, a stepchild, or a descendant of a stepchild of the testator and (ii) the devisee left descendants who survive the testator. Those descendants take by representation the property to which the devisee would have been entitled had the devisee survived the testator.
(c) For purposes of this section:
(1) "Class gift" excludes a devise to "issue," "descendants," or "heirs of the body," the disposition of which is controlled by § 29A-2-708, and excludes a devise to "heirs," "next of kin," "relatives," "family," or a class described by language of similar import, the disposition of which is controlled by § 29A-2-711.
(2) "Devise" excludes a future interest in trust, the disposition of which is controlled by § 29A-2-707, and "devisee" excludes a beneficiary thereof.
Source: SL 1995, ch 167, § 2-603.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 29A-2-603
What does South Dakota Codified Laws § 29A-2-603 cover?
Section 29A-2-603 ("Anti-lapse--Deceased devisee--Class gifts.") 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 § 29A-2-603?
A common citation format is "South Dakota Codified Laws § 29A-2-603" (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 § 29A-2-603 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.