Personal Property Memorandum - South Dakota

PERSONAL PROPERTY MEMORANDUM

Pursuant to South Dakota Codified Laws § 29A-2-513

Table of Contents

1. Introduction and Will Reference
2. Statutory Authority
3. Identification of Testator
4. Tangible Personal Property Distributions
5. Item Categories
6. Items Not Listed
7. Instructions for Updating
8. Execution and Authentication
9. State-Specific Notes
10. Sources and References

I. INTRODUCTION AND WILL REFERENCE

This Personal Property Memorandum ("Memorandum") is made by the undersigned Testator as the separate signed writing referred to in the Last Will and Testament dated [__/__/____], under South Dakota Codified Laws § 29A-2-513. It is not being treated as an incorporation-by-reference writing under the different rule in § 29A-2-510.

This Memorandum identifies items of tangible personal property, other than money, that are not otherwise specifically devised in the Will. List only property I own and can devise at death; if a gift conflicts with the Will, have the instruments reviewed before signing.

Will Reference Clause: The Will refers to a separate written statement or list in Article [____] / Section [____]. The relevant Will language is: [QUOTE OR ATTACH EXACT CLAUSE].

II. STATUTORY AUTHORITY

This Memorandum is authorized by SDCL § 29A-2-513, which provides that a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under the statute, the writing must be signed by the testator and must describe the items and intended recipients with reasonable certainty. The writing may be prepared before or after execution of the will and may be altered by the testator at any time.

III. IDENTIFICATION OF TESTATOR

IV. TANGIBLE PERSONAL PROPERTY DISTRIBUTIONS

Item Distribution Table

Each row must identify a particular item and intended devisee with reasonable certainty. If a named devisee does not survive me, the Will governs unless an alternate is named in that row.

V. ITEM CATEGORIES (INDEX ONLY)

This index helps locate the specific gifts in Section IV. A category entry alone makes no gift; each intended item and devisee must be identified in a signed item row.

VI. ITEMS NOT LISTED

This Memorandum gives no new direction for an item that is not described here with reasonable certainty. The Will and applicable law govern unlisted property. If I want to make a new gift, I will add a specific item and named devisee to a signed writing referred to by the Will, or use a properly executed will or codicil.

VII. INSTRUCTIONS FOR UPDATING

Under § 29A-2-513, I may alter this signed writing after preparing it, even after executing my Will. To update:

1. Prepare a new memorandum or clearly mark changes on this document
2. Sign each operative revision or new memorandum and date it for clarity
3. Clearly state whether the new writing replaces or supplements each identified prior version
4. Store the updated memorandum with or near your Will
5. Notify your attorney and/or Personal Representative of the update

Effect on earlier signed lists: ☐ This writing replaces the earlier list(s) dated [DATES], and restates each item I still wish to give. ☐ This writing supplements earlier list(s) dated [DATES] and changes only the particular items identified here. ☐ There are no earlier lists. Any expressly revoked item direction is [ITEM AND EARLIER LIST DATE / NONE].

VIII. EXECUTION AND AUTHENTICATION

I, the undersigned Testator, declare that this Personal Property Memorandum is made voluntarily and represents my wishes for the distribution of the tangible personal property listed herein.

Optional Witness Attestation

IX. STATE-SPECIFIC NOTES

South Dakota Requirements Under SDCL § 29A-2-513

1. Will Reference Required: The Will must refer to a separate written statement or list for a disposition under § 29A-2-513
2. Testator Signature Required: The Memorandum must be signed by the testator
3. Reasonable Certainty: Items and recipients must be described with reasonable certainty
4. Property limit: Section 29A-2-513 excludes money. Use this list only for tangible personal property not otherwise specifically devised in the Will. An item used in a trade or business is not categorically excluded by this section; identify the particular item and devisee, and review ownership and any transfer restrictions.
5. Timing: May be prepared before or after execution of the Will
6. Amendments: The testator may alter the writing after preparation; sign the operative writing and clearly identify changed items and earlier lists
7. Trust assets: Confirm whether the Testator owns an item individually or a trust owns it before listing it here

Important Disclaimers

• This Memorandum does not replace a valid Last Will and Testament
• Consult with a South Dakota licensed attorney before relying on this document
• If an item is no longer owned at death, determine its effect under the Will and applicable law

X. SOURCES AND REFERENCES

• SDCL § 29A-2-513 — Separate writing identifying tangible personal property
• SDCL § 29A-2-510 — Incorporation by reference, a distinct route

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Consult a licensed South Dakota attorney before use.