S.D. Codified Laws §§ 55-1-21 & 55-1-22
Approved February 22, 2006
55-1-21. Trust for care of designated animal
Subject to the provisions of § 55-1-22, a trust for the care of a
designated animal is valid. The trust terminates when no living animal
is covered by the trust. A governing instrument shall be liberally
construed to bring the transfer within this section, to presume against
the merely precatory or honorary nature of the disposition, and to carry
out the general intent of the transferor. Extrinsic evidence is
admissible in determining the transferor's intent.
55-1-22. Provisions governing trusts for specific purposes selected by
trustee and for care of animals
Any trust provided for by §§ 55-1-20 and 55-1-21 is subject to the
following provisions:
(1) Except as expressly provided otherwise in the trust instrument, no
portion of the principal or income may be converted to the use of the
trustee or to any use other than for the trust's purposes or for the
benefit of a covered animal;
(2) Upon termination, the trustee shall transfer the unexpended trust
property in the following order:
(a) As directed in the trust instrument;
(b) If the trust was created in a nonresiduary clause in the
transferor's will or in a codicil to the transferor's will, then under
the residuary clause in the transferor's will; and
(c) If no beneficiary results from the application of
subsection (a) or (b) of this subdivision, then to the transferor's
heirs under § 29A-2-711;
(3) For the purposes of § 29A-2-707, the residuary clause is treated as
creating a future interest under the terms of a trust;
(4) The intended use of the principal or income may be enforced by a
person designated for that purpose in the trust instrument or, if none,
by an individual appointed by a court upon application to it by that
person;
(5) Except as ordered by the court or required by the trust instrument,
no filing, report, registration, periodic accounting, separate
maintenance of funds, appointment, or fee is required by reason of the
existence of the fiduciary relationship of the trustee;
(6) A court may reasonably reduce the amount of the property transferred
if it determines that that amount substantially exceeds the amount
required for the intended use. The amount of the reduction, if any,
passes as unexpended trust property under subdivision (2) of this
section;
(7) If no trustee is designated or no designated trustee is willing or
able to serve, a court shall name a trustee. A court may order the
transfer of the property to another trustee if required to ensure that
the intended use is carried out and if no successor trustee is
designated in the trust instrument or if no designated successor trustee
agrees to serve or is able to serve. A court may also make such other
orders and determinations as are advisable to carry out the intent of
the transferor and the purpose of §§ 55-1-20 to 55-1-23, inclusive.