South Dakota § 55-1-48 - Circumstances under which no contest clause unenforceable.
Full text of South Dakota South Dakota Codified Laws § 55-1-48 — Circumstances under which no contest clause unenforceable., with citation guidance and answers to common questions.
§ 55-1-48. Circumstances under which no contest clause unenforceable.
A no contest clause is not enforceable against a beneficiary to the extent the beneficiary, in good faith and based upon probable cause, contests a provision that benefits any of the following persons:
(1) A person who drafted or transcribed the instrument;
(2) A person who gave directions to the drafter of the instrument concerning dispositive or other substantive contents of the provisions or who directed the drafter to include the no contest clause in the instrument. However, this subdivision does not apply if the settlor affirmatively instructed the drafter to include the contents of the provision or the no contest clause; or
(3) A person who acted as a witness to the instrument.
Source: SL 2012, ch 233, § 10.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 55-1-48
What does South Dakota Codified Laws § 55-1-48 cover?
Section 55-1-48 ("Circumstances under which no contest clause unenforceable.") 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 § 55-1-48?
A common citation format is "South Dakota Codified Laws § 55-1-48" (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 § 55-1-48 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.