Section 55-1-24.1 - Improper motive. - South Dakota Statutes

55-1-24.1. Improper motive. For purposes of §§ 55-1-24 to 55-1-43, inclusive, improper motive is demonstrated by action such as the following:
(1) A trustee refusing to make or limiting distributions to beneficiaries other than the trustee due to the trustee's self interest when the trustee also holds a beneficial interest subject to a discretionary interest; or
(2) A trustee making a distribution in excess of an ascertainable standard to himself or herself as beneficiary when the trustee is restricted by an ascertainable standard in the trust.

Source: SL 2008, ch 257, § 3.