Section 55-3-34 - Proceeding for probate of testamentary instrument--When interests deemed to besame. - South Dakota Statutes

55-3-34. Proceeding for probate of testamentary instrument--When interests deemed to be same. In a proceeding for probate of testamentary instrument, the interests of the respective persons specified in § 55-3-32(2) and § 55-3-33 shall be deemed to be the same interest, whether or not their respective interests are in income or in principal or in both, if they are beneficiaries of the same trust or fund, if they have a common interest in proving or disproving the instrument offered for probate, and if the person who is a party under § 55-3-32(2) or the person to whom the interest has been limited under § 55-3-33 would not receive greater financial benefit if such instrument were denied probate (in the case where such beneficiaries have a common interest in proving such instrument) or admitted to probate (in the case where such beneficiaries have a common interest in disproving such instrument).

Source: SL 1998, ch 282, § 15.