Estate Planning Laws in South Dakota.

South Dakota was the first U.S. state to abolish the rule against perpetuities for trusts (1983). This permits perpetual "dynasty" trusts that can continue indefinitely — making SD a leading jurisdiction for multi-generational wealth planning.

South Dakota permits self-settled spendthrift trusts. After a 2-year seasoning period, future creditors generally cannot reach trust assets — among the most protective DAPT statutes in the U.S.

South Dakota permits directed trusts — trusts where specific powers (investment, distribution) are allocated among a trustee, investment advisor, distribution advisor, and/or trust protector. Among the most flexible directed-trust frameworks in the U.S.

Comprehensive trust code with SD-specific provisions favoring trust flexibility.

A will must be in writing, signed by the testator (or another at testator's direction in testator's presence), and attested by 2 or more competent witnesses.

A holographic will is valid if the signature and material portions are in the testator's handwriting, even without witnesses.

South Dakota has no estate tax and no inheritance tax.

South Dakota has no state income tax, including no income tax on trust income — making SD a tax-favored situs for trust administration.

South Dakota authorizes statutory living wills and durable powers of attorney for health care.