Section 55-1A-1 - Powers enumerated in chapter apply to any trust unless specifically excluded--Powers as additional to common law powers. - South Dakota Statutes

55-1A-1. Powers enumerated in chapter apply to any trust unless specifically excluded--Powers as additional to common law powers. Any or all of the powers enumerated in this chapter apply to any trust which is governed by South Dakota law unless the instrument specifically excludes any or all of the powers provided in this chapter. Further, this chapter applies without regard to the date of execution or whether such trust was created by will or inter vivos trust instrument. These powers shall be in addition to, and not in limitation of, all other common law or statutory powers of a trustee. Such powers are applicable to a trustee authorized to administer a trust estate established or to be established pursuant to the terms of a will or other written instrument, with the same effect, and subject to the same judicial interpretation and control in appropriate cases, as though such language were set forth verbatim in the instrument.

Source: SL 1979, ch 336, § 2; SL 2002, ch 100, § 10.