S.D. Codified Laws § 55-18-5

Current through the 2024 Legislative Session

Section 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;

(5) An uninterested beneficiary; and

(6) A person bound by a representative.

Notwithstanding subdivisions (1) and (2), if no interested beneficiary, or representative thereof, would otherwise receive notice or provide consent with respect to the matter in question, a representative of an unborn or unascertained person shall act pursuant to § 55-18-9.

Notwithstanding subdivision (5), with respect to the matter in question, notice is required to, or consent is required from, an uninterested beneficiary who does not have a substantially identical interest with one or more interested beneficiaries.

SDCL 55-18-5

SL 2017, ch 208, §5; SL 2018, ch 275, §32.

Amended by S.L. 2018, ch. 275,s. 32, eff. 7/1/2018.

Added by S.L. 2017, ch. 208,s. 5, eff. 7/1/2017.