reglab/housing_qa huggingface dataset:
HI Rev Stat § 553A-17 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|553A. Uniform Transfers to Minors Act|553A-17 Liability to third persons.

  §553A-17 Liability to third persons. (a) A claim based on:  (1) A contract entered into by a custodian acting in a custodial capacity;  (2) An obligation arising from the ownership or control of custodial property; or  (3) A tort committed during the custodianship; may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.  (b) A custodian is not personally liable:  (1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or  (2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.  (c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. [L 1985, c 91, pt of §1]
HI Rev Stat § 553A-19 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|553A. Uniform Transfers to Minors Act|553A-19 Accounting by and determination of liability of custodian.

  §553A-19 Accounting by and determination of liability of custodian. (a) A minor who has attained the age of fourteen years, the minor's guardian or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court:  (1) For an accounting by the custodian or the custodian's legal representative; or  (2) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 553A-17 to which the minor or the minor's legal representative was a party.  (b) A successor custodian may petition the court for an accounting by the predecessor custodian.  (c) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.  (d) If a custodian is removed under section 553A-18(f), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. [L 1985, c 91, pt of §1; am L 2004, c 161, §36] Rules of Court  Accountings, see Hawaii Probate Rules, part A(VII); HPR rules 83, 84.
HI Rev Stat § 553A-20 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|553A. Uniform Transfers to Minors Act|553A-20 Termination of custodianship.

  §553A-20 Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:  (1) The minor's attainment of twenty-one years of age with respect to custodial property transferred under section 553A-4 or 553A-5;  (2) The minor's attainment of age eighteen with respect to custodial property transferred under section 553A-6 or 553A-7; or  (3) The minor's death. [L 1985, c 91, pt of §1]
HI Rev Stat § 553A-21 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|553A. Uniform Transfers to Minors Act|553A-21 Applicability.

  §553A-21 Applicability. This chapter applies to a transfer within the scope of section 553A-2 made after July 1, 1985 if:  (1) The transfer purports to have been made under the Hawaii Uniform Gifts to Minors Act; or  (2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this chapter is necessary to validate the transfer. [L 1985, c 91, pt of §1] Revision Note  "July 1, 1985" substituted for "its effective date".
HI Rev Stat § 553A-22 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|553A. Uniform Transfers to Minors Act|553A-22 Effect on existing custodianships.

  §553A-22 Effect on existing custodianships. (a) Any transfer of custodial property as now defined in this chapter made before July 1, 1985, is validated notwithstanding that there was no specific authority in the Hawaii Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.  (b) This chapter applies to all transfers made before July 1, 1985, in a manner and form prescribed in the Hawaii Uniform Gifts to Minors Act except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 1, 1985.  (c) Sections 553A-1 and 553A-20 with respect to the age of a minor for whom custodial property is held under this chapter do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of eighteen after March 27, 1972, and before July 1, 1985. [L 1985, c 91, pt of §1] Revision Note  "July 1, 1985" substituted for "the effective date of this chapter".
HI Rev Stat § 553A-23 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|553A. Uniform Transfers to Minors Act|553A-23 Uniformity of application and construction.

  §553A-23 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [L 1985, c 91, pt of §1]
HI Rev Stat § 553A-24 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|553A. Uniform Transfers to Minors Act|553A-24 Short title.

  §553A-24 Short title. This chapter may be cited as the "Hawaii Uniform Transfers to Minors Act". [L 1985, c 91, pt of §1]
HI Rev Stat § 554-1 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-1 Vesting title to trust estates.

  §554-1 Vesting title to trust estates. In the case of the valid appointment or succession of any trustee to fill a vacancy in any trusteeship, whether the vacancy is caused by death, removal, or otherwise, any circuit court having jurisdiction over the subject matter of the trust, may make a vesting order which shall vest the legal title in and to the trust property situate in the State in the trustee so appointed or succeeding, subject to the trust, solely, unless there be a co-trustee or co-trustees in which case in the new trustee and the new trustee's co-trustee or co-trustees as the case may be jointly. [L 1909, c 59, §1; RL 1925, §2474; RL 1935, §4711; RL 1945, §12571; RL 1955, §340-1; HRS §554-1; am L 1972, c 145, §3(a); gen ch 1985] Rules of Court  Vesting orders, see HPR rule 126(b).
HI Rev Stat § 554-2 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-2 REPEALED.

  §554-2 REPEALED. L 2021, c 32, §12.
HI Rev Stat § 554-3 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-3 Trust estates, leases, investments, etc.

  §554-3 Trust estates, leases, investments, etc. Any circuit court having jurisdiction over a trust, on application of one or more of the trustees, and after such notice to those interested as is ordered by the court or provided by the rules of the court, may, if it appears to be for the benefit of the trust estate, authorize or direct the trustee or trustees to lease or extend the terms of leases of the real property for such periods as may be deemed advantageous to the estate; or to invest moneys of the trust estate in the purchase of real or personal property, or the constructing, improving, or repairing of buildings or other improvements on the land belonging to the trust estate, or in such other manner as the court deems to be most for the benefit of the trust estate and as best effecting the objects of the trust. Any lease or extension of lease made under such authority or direction shall continue in force for the full period so authorized notwithstanding the trust has terminated. [L 1921, c 141, §1; RL 1925, §2464; am L 1929, c 92, §1; am L 1933, c 194, §1; RL 1935, §4712; RL 1945, §12573; RL 1955, §340-3; HRS §554-3; am L 1972, c 145, §3(c)] Case Notes  Lease for term extending beyond duration of trust, application of this statute considered. 34 H. 333 (1937). See as to power under will, 40 H. 543 (1954), compare 31 H. 500 (1930).
HI Rev Stat § 554-4 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-4 REPEALED.

  §554-4 REPEALED. L 2021, c 32, §13.
HI Rev Stat § 554-5 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-5 REPEALED.

  §554-5 REPEALED. L 1973, c 200, §2.
HI Rev Stat § 554-6 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-6 Investments.

  §554-6 Investments. Every trustee, other than a trust company acting as such, except insofar as the terms of the instrument or words creating or defining the trust specifically provide otherwise, or unless it is otherwise ordered by the court, which order may be made on an ex parte hearing, shall invest the funds of the trust only in the investments authorized in the cases of trust companies acting as trustees under article 8 of chapter 412, and with respect to all investments and the security for the same every such trustee shall have and be subject to the same rights, powers, privileges, duties, obligations, and responsibilities as would apply to trust companies acting as trustees as to similar investments and the security for the same under article 8 of chapter 412. Nothing in this section shall be deemed to authorize any trustee other than a trust company to issue participation certificates or notes. Any investment made by any such trustee under order by the court made on an ex parte hearing or otherwise may be held during the life of the trust or lesser period unless the terms of the instrument or words creating or defining the trust or the terms of the order of the court or of any subsequent order of the court specifically provide otherwise. [L Sp 1933, c 47, §1; RL 1935, §4715; am L 1941, c 154, §1; RL 1945, §12576; RL 1955, §340-6; HRS §554-6; am L 1976, c 200, pt of §1; am L 1993, c 350, §33] Case Notes  This section applicable only when trust instrument does not otherwise provide. 35 H. 1, 8 (1939).  Duty to diversify investments, to exercise reasonable judgment. 47 H. 548, 393 P.2d 96 (1964); 47 H. 577, 393 P.2d 89 (1964).  Cited: 43 H. 37, 41 (1958); 47 H. 629, 638, note 6, 394 P.2d 432 (1964).
HI Rev Stat § 554-7 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-7 Assignee for creditors, instructions, and approval of accounts.

  §554-7 Assignee for creditors, instructions, and approval of accounts. A trustee or assignee for creditors has the same right, by application to a circuit court to request and receive instructions or to have the trustee's or assignee's accounts approved or be discharged from the trustee's or assignee's trust, as any other fiduciary, according to the usages and principles of courts of equity concerning trusts. [L 1941, c 292, §1; RL 1945, §12577; RL 1955, §340-7; HRS §554-7; am L 1972, c 145, §3(d); gen ch 1985] Rules of Court  Accountings, see Hawaii Probate Rules, part A(VII); HPR rules 83, 84. Case Notes  See 36 H. 732 (1944).
HI Rev Stat § 554-8 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-8 Charitable trusts; expenses.

  §554-8 Charitable trusts; expenses. In any proceedings, in any court, concerning a trust, which is wholly or partly charitable and in which the attorney general has been cited by the court or trustees as a necessary or proper party, the court having jurisdiction of such proceedings may require the payment of all reasonable and necessary expenses incurred by the attorney general for the protection of the beneficial interest in, or for the proper conduct of, such proceedings from the corpus or income, or both, of the trust estate, in such reasonable amounts as the court may order. [L Sp 1941, c 16, §1; RL 1945, §12578; RL 1955, §340-8; HRS §554-8]
HI Rev Stat § 554-9 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-9 Charitable trusts; leases.

  §554-9 Charitable trusts; leases. Trustees of a charitable trust may modify, suspend, or waive the enforcement of any provision of any lease or accept a surrender thereof if a leased land or any structure built thereon has been destroyed in part or in whole by any natural disaster, or the use of the land or the construction of any improvements thereon has been restricted or prohibited in any manner by law, ordinance, or regulation of any government agency due to natural disaster. [L Sp 1960, c 8, §1; Supp, §340-9; HRS §554-9]
HI Rev Stat § 554-10 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554. Trusts and Trustees; Accounts|554-10 Charitable trusts; administration.

  §554-10 Charitable trusts; administration. (a) In the administration of any trust that is a "private foundation", as defined in section 509 of the Code or to which section 4947 of the Code applies, the following shall be prohibited:  (1) Engaging in any act of "self-dealing", as defined in section 4941(d) of the Code;  (2) Retaining any "excess business holdings", as defined in section 4943(c) of the Code;  (3) Making any investments in a manner as to subject it to tax under section 4944 of the Code; and  (4) Making any "taxable expenditures", as defined in section 4945(d) of the Code; provided that this subsection shall not apply to amounts of any trust to which section 4947(a)(2) of the Code applies, as described in the second sentence of section 4947(a)(2) of the Code, and paragraphs (2) and (3) shall not apply to any trust to which section 4947(a)(2) of the Code applies, as described in section 4947(b)(3) of the Code.  (b) In the administration of any trust which is a "private foundation" as defined in section 509 of the Code or a "charitable trust" as defined in section 4947(a)(1) of the Code, there shall be distributed, and the trustee or trustees shall be empowered and authorized to distribute, for the purposes specified in the trust instrument, such amounts at such time and in such manner as shall be required so as not to subject it to tax under section 4942 of the Code.  (c) Nothing in this section shall impair the rights and powers of the courts or the attorney general of this State with respect to any trust.  (d) References in this section to sections of the Code are to sections of the Internal Revenue Code of 1954, as heretofore amended, and shall include future amendments to such sections and corresponding provisions of future Internal Revenue laws. [L 1971, c 136, §1; am L 2018, c 18, §42]
HI Rev Stat § 554B-1 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-1 Definitions.

  §554B-1 Definitions. As used in this chapter:  "Adult" means an individual who has attained the age of eighteen years.  "Beneficiary" means an individual for whom property has been delivered to a custodial trustee for the individual's use and benefit under this chapter.  "Conservator" means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions.  "Court" means the circuit court of the State.  "Custodial trustee" means a person designated as trustee of a custodial trust under this chapter and includes a substitute or successor custodial trustee.  "Custodial trust property" means an interest in property transferred to a custodial trustee under this chapter and the income from and proceeds of that interest.  "Guardian" means a person appointed or qualified by a court as a guardian of an individual and includes a limited guardian, but excludes a person who is merely a guardian ad litem.  "Incapacitated" means that an individual lacks the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other cause. A beneficiary shall be treated as incapacitated for the purpose of this chapter if the transferor so directs in the instrument creating the custodial trust.  "Legal representative" means a personal representative or conservator.  "Member of the beneficiary's family" includes a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.  "Person" means an individual, corporation, organization, or other legal entity.  "Personal representative" includes an executor, administrator, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions and includes a successor personal representative.  "State" means a state, commonwealth, territory, or possession of the United States, or the District of Columbia.  "Transferor" means a person who creates a custodial trust by transfer or declaration.  "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. [L 1989, c 76, pt of §1; am L 2004, c 161, §22]
HI Rev Stat § 554B-2 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-2 Custodial trust; general.

  §554B-2 Custodial trust; general. (a) A person may create a custodial trust of property by transfer evidenced by registration or other written instrument of transfer to another in any manner consistent with law, naming an individual, who may be the transferor or another, as beneficiary, in which the transferee is designated, in substance, as custodial trustee under the Hawaii Uniform Custodial Trust Act.  (b) A person may create a custodial trust of property by declaration evidenced by registration or other written instrument of declaration in any manner consistent with law, naming an individual other than the declarant as beneficiary, in which the declarant as titleholder is designated, in substance, as custodial trustee under the Hawaii Uniform Custodial Trust Act. A trust registration or other declaration for the sole benefit of the declarant is not a custodial trust under this chapter.  (c) Title to custodial trust property is in the custodial trustee, and the beneficial interest in custodial trust property is in the beneficiary, subject to the provisions of this chapter.  (d) Except as provided in subsection (e), a custodial trust may not be terminated by the transferor.  (e) A custodial trust may be terminated by the beneficiary if not incapacitated, or by the conservator of an incapacitated beneficiary, upon delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the distribution or management of the trust. If not previously terminated, the custodial trust terminates on the death of the beneficiary, and the custodial trust property must be distributed as provided in section 554B-17.  (f) Additional property may be placed in an existing custodial trust pursuant to this chapter.  (g) A successor custodial trustee may be designated, or the designation authorized, by the custodial trust instrument.  (h) This chapter does not restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be valid and enforceable according to its terms under other law. [L 1989, c 76, pt of §1; am L 2004, c 161, §36]
HI Rev Stat § 554B-3 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-3 Custodial trustee for future payment or transfer.

  §554B-3 Custodial trustee for future payment or transfer. A custodial trust may be created upon the occurrence of a future event. The person having the right to designate the recipient of property payable or transferable upon a future event may designate in writing a custodial trustee to receive and hold the property for a beneficiary of a custodial trust to be effective upon the occurrence of the event by designating the recipient, followed in substance by the words: "as custodial trustee for ______________________________ (name of beneficiary) under the Hawaii Uniform Custodial Trust Act". Persons may be designated as substitute or successor custodial trustees to whom the property must be transferred in the order named if the first designated custodial trustee is unable or unwilling to serve. The designation may be made in a will, a trust, a deed, a multiple party account, an insurance policy, an instrument exercising a power of appointment, or other writing designating a beneficiary of contractual rights. The designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-4 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-4 Form and effect of receipt and acceptance by custodial trustee, jurisdiction.

  §554B-4 Form and effect of receipt and acceptance by custodial trustee, jurisdiction. (a) The obligations of a custodial trustee, including the obligation to follow directions of the beneficiary pursuant to section 554B-7, arise under this chapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property.  (b) The custodial trustee's acceptance may be evidenced by a writing stating in substance: CUSTODIAL TRUSTEE'S RECEIPT AND ACCEPTANCE  I, _____________________________ (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for ____________________________ (name of beneficiary) under the Hawaii Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the Hawaii Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of ________________________. Dated:__________________ ______________________________________ (Signature of Custodial Trustee)  (c) Upon acceptance of the custodial trust property, a person designated as custodial trustee under this chapter is subject to personal jurisdiction of the courts of this State with respect to any matter relating to the custodial trust. [L 1989, c 76, pt of §1]