Can a beneficiary challenge a South Dakota trust's "no contest clause"?

Yes.  In South Dakota, a "no contest clause" can be challenged on the grounds of:

 

             (1)      Fraud;
             (2)      Duress;
             (3)      Revocation;
             (4)      Lack of contractual capacity;
             (5)      Undue influence;
             (6)      Mistake;
             (7)      Forgery; or
             (8)      Irregularity in the execution of the trust document.

About Swier Law Firm's Estate Planning & Probate Practice Group

Swier Law Firm has a nationally recognized practice in estate planning and probate law and handles the following types of cases:

  • Estate Planning: Wills & Living Trusts
  • Legacy Planning
  • Family-Owned Businesses & Farms
  • Powers of Attorney & Living Wills
  • IRA & Retirement Planning
  • Asset Protection & Business Planning
  • Special Needs Planning
  • Trust Administration & Probate

Take a look at our valuable estate planning books and articles. Our materials are full of tips and advice. All materials are written by the law firm's nationally recognized estate planning attorneys and provide detailed South Dakota-specific information designed to help anyone with estate planning issues. You can request your free copy by clicking on the book cover below.