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Generally, a trustee has a fiduciary duty to keep qualified beneficiaries reasonably informed about the trust’s existence, the trustee’s identity, and material facts necessary to protect their interests, including periodic accountings. These duties promote transparency and accountability in trust administration.
However, certain jurisdictions permit what are known as quiet or silent trusts, in which the settlor may limit or delay the trustee’s duty to inform beneficiaries. These statutes allow for greater privacy and flexibility, though the extent of nondisclosure varies by state and is typically subject to specific statutory or judicial safeguards.
South Dakota trust law is particularly distinguished by its strong emphasis on privacy, flexibility, and modern trust administration. The state is widely recognized for its robust statutory framework protecting client confidentiality, making it a preferred jurisdiction for individuals and families who value discretion in their estate and financial planning.
South Dakota permits the establishment of quiet trusts, which allow the settlor to limit or delay disclosure of information to beneficiaries, consistent with the terms of the trust and applicable law. In addition, the state’s flexible decanting and modification provisions enable trustees and advisors to adapt trust structures to evolving circumstances without compromising the settlor’s intent.
Interested in greater privacy and flexibility?