Notice, service of process, and consent not required of certain persons
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SD Code › Title 55 › Chapter 18 › Section 55-18-5
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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.
Source: SL 2017, ch 208, § 5; SL 2018, ch 275, § 32.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.