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Alaska vs South Dakota: trust jurisdictions side by side
Alaska and South Dakota are two of the 40 places we cover. Both are in the Americas and Caribbean and open for new trusts with us. The table sets out the facts we hold for each place side by side, with the source and date of every fact.
The table
Facts side by side
Shaded cells differ between the two places.
Rows we have not published for a place are listed below the table.
| Fact |  Alaska |  South Dakota |
|---|---|---|
| Perpetuity period | Powers of appointment must be exercised or end within 1,000 years | SDCL 43-5-8: the common-law rule against perpetuities is not in force |
| Asset protection rule | A creditor must prove intent to defraud by clear and convincing evidence | SDCL 55-16-10: creditor claims are time-limited; clear and convincing proof |
| Reserved settlor powers | The settlor may appoint and remove trustees, protectors and advisors | SDCL 55-16-2: irrevocable trust; settlor may keep listed powers and interests |
Not published for Alaska: protector, foreign law rules, trustee requirement and estate duty. Ask us.
Not published for South Dakota: governing law. Ask us.
This is guidance, not legal or tax advice. Every fact has a source, listed under Sources with its date.
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Read each place in full
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Sources
Read on :
- Alaska Statutes: Title 34, chapter 27, Statutory Rule Against Perpetuities. Used for perpetuity period.
- South Dakota Legislature: SDCL 43-5-8, Rule against perpetuities not in force. Used for perpetuity period.
- Title 34, chapter 40, Restricting Transfers of Trust Interests. Used for asset protection rule, reserved settlor powers.
- SDCL 55-16-10, Claim of fraudulent transfer of settlor's assets. Used for asset protection rule.
- SDCL 55-16-2, Trust instrument defined. Used for reserved settlor powers.
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