25.284.13 100th Legislative Session 1227
2025 South Dakota Legislature
House Bill 1227
Introduced by: Representative Hunt
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to provide that certain testamentary gifts given to a lawyer from a client are 1
invalid. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 29A-2: 4
A lawyer may not prepare on behalf of a client any instrument giving the lawyer, 5
or a person related to the lawyer, any testamentary gift, unless: 6
(1) The lawyer or other recipient of the gift is related to the client; and 7
(2) The gift is not significantly disproportionate to the gifts given to other recipients 8
similarly related to the donor. 9
Any gift or devise made in violation of this section is invalid on the basis of undue 10
influence. 11
For the purpose of this section, related persons include a spouse, child, grandchild, 12
parent, grandparent, cohabitant, or other relative or individual with whom the lawyer 13
maintains a close, familial relationship. 14
This section only applies to an instrument executed on or after July 1, 2025. 15