Sections 55-1-39, 55-1-40 - Bifurcation of trust. Language resulting in classification of distribution interest - South Dakota Statutes

55-1-39. Bifurcation of trust. To the extent a trust contains any combination of a mandatory provision, a support provision, the trust shall be bifurcated as follows:
(1) The trust shall be a mandatory interest only to the extent of the mandatory language;
(2) The trust shall be a support interest only to the extent of such support language;
(3) The remaining trust property shall be held as a discretionary interest;
(4) A support interest that includes mandatory language such as "shall" but is subsequently qualified by discretionary language, shall be classified as a discretionary interest and not as a support interest.

Source: SL 2007, ch 280, § 16.