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Home » US Law » 2022 South Dakota Codified Laws » Title 55 - Fiduciaries and Trusts » Chapter 18 - Virtual Representation

Section 55-18-4 – Conditions under which representative may not bind person represented.

55-18-4. Conditions under which representative may not bind person represented. Notwithstanding the provisions of §55-18-3, no representative may bind the person represented if, prior to the representative binding the person in the matter in question: (1)The court finds that the person cannot be adequately represented pursuant to §55-18-19; (2)The representative refuses to act pursuant to […]

Section 55-18-5 – Notice, service of process, and consent not required of certain persons.

55-18-5. Notice, service of process, and consent not required of certain persons. Neither notice nor service of process on, nor consent to, any matter in any proceeding is required from: (1)An unborn individual; (2)An unascertained person; (3)The potential appointee of a power of appointment; (4)The potential taker in default of a general power of appointment; […]

Section 55-18-6 – Notice or consent respecting co-representatives.

55-18-6. Notice or consent respecting co-representatives. When notice is made on, or consent obtained from, co-representatives, notice on, or consent from, all acting co-representatives is required except when the terms of the co-representatives’ authority provide that the co-representatives may act independently or by other means. However, when a representative is acting pursuant to subdivision 55-18-9(3), […]

Section 55-18-7 – Demand for notice.

55-18-7. Demand for notice. Following the commencement of a judicial proceeding, if a beneficiary timely files a demand for notice with the court, notice shall be given to the beneficiary unless otherwise ordered by the court. Source: SL 2017, ch 208, §7; SL 2018, ch 275, §33.

Section 55-18-8 – Notice to Department of Social Services.

55-18-8. Notice to Department of Social Services. The Department of Social Services shall be provided with notice in any proceeding in which an interested beneficiary of a trust may owe a debt to the department pursuant to §28-6-23. An interested beneficiary is not considered a person who may owe a debt to the department solely […]

Section 55-18-9 – Persons who may bind others.

55-18-9. Persons who may bind others. Persons who may bind others are as follows: (1)Except as provided in subdivision 55-18-20(2), a conservator may bind a minor or protected person; (2)A guardian may bind the minor or protected person if no conservator of the minor or protected person has been appointed; (3)A parent may bind the […]