| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 25.284.13 100th Legislative Session 1227 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | 2025 South Dakota Legislature | |
| 5 | 5 | House Bill 1227 | |
| 6 | 6 | ||
| 7 | 7 | ||
| 8 | 8 | ||
| 9 | 9 | ||
| 10 | 10 | ||
| 11 | 11 | ||
| 12 | 12 | Introduced by: Representative Hunt | |
| 13 | 13 | ||
| 14 | 14 | Underscores indicate new language. | |
| 15 | 15 | Overstrikes indicate deleted language. | |
| 16 | 16 | An Act to provide that certain testamentary gifts given to a lawyer from a client are 1 | |
| 17 | 17 | invalid. 2 | |
| 18 | 18 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 | |
| 19 | 19 | Section 1. That a NEW SECTION be added to chapter 29A-2: 4 | |
| 20 | 20 | A lawyer may not prepare on behalf of a client any instrument giving the lawyer, 5 | |
| 21 | 21 | or a person related to the lawyer, any testamentary gift, unless: 6 | |
| 22 | 22 | (1) The lawyer or other recipient of the gift is related to the client; and 7 | |
| 23 | 23 | (2) The gift is not significantly disproportionate to the gifts given to other recipients 8 | |
| 24 | 24 | similarly related to the donor. 9 | |
| 25 | 25 | Any gift or devise made in violation of this section is invalid on the basis of undue 10 | |
| 26 | 26 | influence. 11 | |
| 27 | 27 | For the purpose of this section, related persons include a spouse, child, grandchild, 12 | |
| 28 | 28 | parent, grandparent, cohabitant, or other relative or individual with whom the lawyer 13 | |
| 29 | 29 | maintains a close, familial relationship. 14 | |
| 30 | 30 | This section only applies to an instrument executed on or after July 1, 2025. 15 |