South Dakota § 55-1-40 - Language resulting in classification of distribution interest.
Full text of South Dakota South Dakota Codified Laws § 55-1-40 — Language resulting in classification of distribution interest., with citation guidance and answers to common questions.
§ 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, education, maintenance, support, comfort, and general welfare.
Source: SL 2007, ch 280, § 17; SL 2008, ch 257, § 7.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 55-1-40
What does South Dakota Codified Laws § 55-1-40 cover?
Section 55-1-40 ("Language resulting in classification of distribution interest.") 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 § 55-1-40?
A common citation format is "South Dakota Codified Laws § 55-1-40" (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 § 55-1-40 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.