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Home » US Law » 2022 South Dakota Codified Laws » Title 55 - Fiduciaries and Trusts » Chapter 16 - Qualified Dispositions In Trust » Section 55-16-8 – Powers and rights of transferor–Effect on qualified disposition.

55-16-8. Powers and rights of transferor–Effect on qualified disposition.

A qualified disposition is subject to §§55-16-9 to 55-16-14, inclusive, notwithstanding a transferor’s retention of any or all of the powers and rights described in subdivision 55-16-2(2) and the transferor’s service as trust advisor pursuant to §55-16-5. The transferor has only such powers and rights as are conferred by the trust instrument. Except as permitted by §§55-16-2 and 55-16-5, a transferor has no rights or authority with respect to the property that is the subject of a qualified disposition or the income therefrom, and any agreement or understanding purporting to grant or permit the retention of any greater rights or authority is void.

Source: SL 2005, ch 261, §8.