South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 55-18-5
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Service of process: The service of writs or summonses to the appropriate party.
(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.