If otherwise validly executed, the following documents may be executed in accordance with chapter 53-12:

(1) The governing instrument of an express trust, or other document, other than a will or codicil as defined in title 29A;

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Terms Used In South Dakota Codified Laws 55-1A-35.1

  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Trustee: A person or institution holding and administering property in trust.

(2) The resignation, removal, appointment, or acceptance of appointment of any trustee, any advisor or protector, or of any designated representation addressed in title 55;

(3) A consent, release, ratification, or indemnification addressed in title 55; and

(4) Any other document addressed by title 55 to the extent it is not excluded from the scope of chapter 53-12.

Notwithstanding any provision of chapter 53-12 to the contrary, the documents under this section are deemed to be a transaction within the meaning of subdivision 53-12-1(17) and are within the scope of chapter 53-12.

Source: SL 2023, ch 161, § 5.