If the trustee fails to prosecute, defend, or continue to defend the trust or its assets because the conditions set forth in subdivision 55-1A-32(1) or (2) have not been fulfilled, the trustee is not liable for any such failure even if the failure, including without limitation a withdrawal from a proceeding, may result in the granting or awarding of relief against the trustee or the trust, including without limitation a distribution of trust assets in satisfaction of a claim.

For purposes of chapter 55-1A, the term, prosecute, or, defend or continue to defend, means:

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Terms Used In South Dakota Codified Laws 55-1A-32.1

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Trustee: A person or institution holding and administering property in trust.

(1) Instituting, participating in, intervening in or defending a lawsuit, action in equity or administrative, arbitration or mediation proceeding (collectively a proceeding); or

(2) Taking any other action to resist such claim.

This section and § 55-1A-32 control unless the governing instrument specifically provides otherwise.

Source: SL 2017, ch 204, § 14.