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Codified Laws

55-1-4Creation of express trust--Words or acts of trustor.

An express trust is created as to the trustor and beneficiary by any words or acts of the trustor indicating with reasonable certainty:

(1)    An intention on the part of the trustor to create a trust; and

(2)    The subject, purpose, and beneficiary of the trust.

Any express trust that concerns real property shall also be evidenced in writing.

Source: SDC 1939, § 59.0105; SL 2017, ch 204, § 5.