reglab/housing_qa huggingface dataset:
HI Rev Stat § 560:6-104 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-104 Right of survivorship.

  §560:6-104 Right of survivorship. (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests under section 560:6-103 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before the decedent's death; and the right of survivorship continues between the surviving parties.  (b) If the account is a payable-on-death account,  (1) On death of one of two or more original payees the rights to any sums remaining on deposit are governed by subsection (a) of this section.  (2) On death of the sole original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the payable-on-death payee or payees if surviving, or to the survivor of them if one or more die before the original payee; if two or more payable-on-death payees survive, there is a right of survivorship in the event of death of a payable-on-death payee thereafter.  (c) If the account is a trust account,  (1) On death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subsection (a) of this section, and  (2) On death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear evidence of a contrary intent; if two or more beneficiaries survive, there is a right of survivorship in event of death of any beneficiary thereafter.  (d) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of the decedent's estate.  (e) A right of survivorship arising from the express terms of the account or under this section, or a beneficiary designation in a trust account, or a payable-on-death payee designation, cannot be changed by will. [L 1976, c 200, pt of §1; gen ch 1985]
HI Rev Stat § 560:6-105 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-105 Effect of written notice to financial institution.

  §560:6-105 Effect of written notice to financial institution. The provisions of section 560:6-104 as to rights of survivorship are determined by the form of the account at the death of a party. This form may be altered by written order given by all parties to the financial institution to change the form of the account or to stop or vary payment under the terms of the account. The order or request must be signed by all parties, received by the financial institution during the parties' lifetime, and not countermanded by other written order of the parties during their lifetime. [L 1976, c 200, pt of §1]
HI Rev Stat § 560:6-106 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-106 Accounts and transfers nontestamentary.

  §560:6-106 Accounts and transfers nontestamentary. Any transfers resulting from the application of section 560:6-104 are effective by reason of the account contracts involved and this statute and are not to be considered as testamentary or subject to articles I to IV of this chapter except as provided in section 560:6-107. [L 1976, c 200, pt of §1]
HI Rev Stat § 560:6-107 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-107 Rights against multiple-party accounts.

  §560:6-107 Rights against multiple-party accounts. A transfer to a survivor of a multiple-party account can be set aside, to the extent described below, in the event the assets in the hands of the personal representative of the deceased party are insufficient to pay taxes, expenses of administration, and homestead and family allowances under sections 560:2-402 and 560:2-404. A surviving party, payable-on-death payee, or beneficiary who receives payment from a multiple-party account after the death of a deceased party may, on application of the personal representative of the deceased party's estate, the surviving spouse or reciprocal beneficiary of the deceased party, or one acting for a dependent or minor child of the deceased party, be required to account to said personal representative for the deceased party's net contribution to the account to the extent necessary to discharge the insufficiency described above. No proceeding to assert this right shall be commenced later than two years following the death of the deceased party. Sums recovered hereunder shall be administered as part of the decedent's estate. This section shall not affect the right of a financial institution to make payment on multiple-party accounts according to the terms thereof, or make it liable to the estate of a deceased party unless before payment either the institution has been served with process in a proceeding by the personal representative or the institution has actual knowledge that making payment will jeopardize the payment of the taxes, expenses and allowances above mentioned. [L 1976, c 200, pt of §1; am L 1977, c 144, §51; am L 1996, c 288, §4; am L 1997, c 383, §19]
HI Rev Stat § 560:6-108 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-108 Financial institution protection; payment on signature of one party.

  §560:6-108 Financial institution protection; payment on signature of one party. Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Subject to the provision of sections 236D-12 and 560:6-107, any multiple-party account may be paid, on request and according to its terms, to any one or more of the parties. A financial institution shall not be required to inquire as to the source of funds received for deposit to a multiple-party account, or to inquire as to the proposed application of any sum withdrawn from an account. [L 1976, c 200, pt of §1; am L 1983, c 217, §8]
HI Rev Stat § 560:6-109 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-109 Financial institution protection; payment after death or disability; joint account.

  §560:6-109 Financial institution protection; payment after death or disability; joint account. Subject to the provisions of sections 236D-12 and 560:6-107 any sums in a joint account may be paid, on request and according to its terms, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under section 560:6-104. [L 1976, c 200, pt of §1; am L 1983, c 217, §9]
HI Rev Stat § 560:6-110 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-110 Financial institution protection; payment of payable-on-death account.

  §560:6-110 Financial institution protection; payment of payable-on-death account. Any payable-on-death account may be paid, on request, to any original party to the account. Payment may be made, on request, to the payable-on-death payee or to the personal representative or heirs of a deceased payable-on-death payee upon presentation to the financial institution of proof of death showing that the payable-on-death payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as an original payee or as payable-on-death payee. [L 1976, c 200, pt of §1]
HI Rev Stat § 560:6-111 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-111 Financial institution protection; payment of trust account.

  §560:6-111 Financial institution protection; payment of trust account. Subject to the provisions of section 560:6-107, any trust account may be paid, on request and according to its terms, to any trustee. Unless the financial institution has received written notice or has actual knowledge that the beneficiary has a vested interest not dependent upon the beneficiary's surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that the deceased trustee was the survivor of all other persons named on the account either as trustee or beneficiary. A trust account may be paid, on request and according to its terms, to the beneficiary upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees. [L 1976, c 200, pt of §1; gen ch 1985]
HI Rev Stat § 560:6-112 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-112 Financial institution protection; discharge.

  §560:6-112 Financial institution protection; discharge. Payment made pursuant to section 560:6-108, 560:6-109, 560:6-110, or 560:6-111 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, payable-on-death payees, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any party or has actual knowledge that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in any demand for withdrawal if the financial institution is to be protected under this section. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided here. The protection here provided shall have no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts. [L 1976, c 200, pt of §1]
HI Rev Stat § 560:6-113 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-113 Financial institution protection; set-off.

  §560:6-113 Financial institution protection; set-off. Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has or had immediately before the party's death a present right of withdrawal. The amount of the account subject to set-off is the deceased party's net contribution to the account, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal. [L 1976, c 200, pt of §1; am L 1977, c 144, §52; gen ch 1985]
HI Rev Stat § 560:6-201 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:6-201 Reserved.

  §560:6-201 Reserved.
HI Rev Stat § 560:8-101 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:8-101 Time of taking effect; provisions for transition.

Revision Note Sections 560:8-101 and 560:8-102 designated as Part 1 in view of addition of Part 2.   §560:8-101 Time of taking effect; provisions for transition. (a) This chapter takes effect on July 1, 1976, except that the provisions of Articles II, III and IV and the Hawaii Revised Statutes sections amended or repealed in this Article VIII on account of Articles II, III and IV take effect on July 1, 1977.  (b) Except as provided elsewhere in this chapter, on the effective date of this chapter:  (1) The chapter applies to any wills of decedents dying thereafter;  (2) The chapter applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this chapter;  (3) Every executor of a will admitted to a probate before July 1, 1977, in this State and every administrator appointed before July 1, 1977, by a court of this State shall be a supervised personal representative with respect to the estate, and every guardian of the property appointed before July 1, 1976, by a court of this State shall be a guardian of the property, with only the powers conferred by this chapter and subject to the duties imposed by this chapter with respect to any act occurring or done thereafter. Every guardian of a person holding an appointment on that date continues to hold the appointment but has only the powers conferred by this chapter and is subject to the duties imposed by this chapter with respect to any act occurring or done thereafter;  (4) The consequences of an act done before the applicable effective date in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1977, the provisions of the statute shall remain in force with respect to that right;  (5) Any rule of construction or presumption provided in this chapter applies to instruments executed and multiple-party accounts opened before July 1, 1976, unless there is a clear indication of a contrary intent; and  (6) Notwithstanding any of the above, this chapter shall not affect any property or other rights accrued under the case and statutory law of this State, including but not limited to the law relating to intestacy, dower and curtesy (chapters 532 and 533), which became vested before July 1, 1977. [L 1976, c 200, pt of §1; am L 2005, c 160, §2; am L 2021, c 32, §8] Revision Note  In subsection (b)(7), "June 24, 2005" substituted for "the effective date of Act ". Case Notes  Vested equitable interest in personal property which heirs acquired upon decedent's death satisfied "vested rights" provision of subsection (b)(6). 65 H. 394, 652 P.2d 1137 (1982).
HI Rev Stat § 560:8-102 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:8-102 Specific repealer and amendments.

  §560:8-102 Specific repealer and amendments. [Omitted as functus].
HI Rev Stat § 560:8-201 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:8-201 Effect and transition.

  §560:8-201 Effect and transition. (a) The amendments made by [Act 288, Session Laws of Hawaii 1996, hereinafter referred to as this Act,] shall take effect on January 1, 1997.  (b) Except as provided elsewhere in this Act, on January 1, 1997:  (1) The amendments made by this Act apply to any governing instruments executed by decedents dying thereafter;  (2) The amendments made by this Act apply to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except:  (A) Parts 1 and 2 of Article II (relating to intestate succession and elective share) shall apply only to the estates of decedents dying after January 1, 1997; and  (B) To the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this Act;  (3) Every personal representative including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this Act and is subject to the duties imposed with respect to any act occurring or done thereafter;  (4) An act done before the effective date in any proceeding and any accrued right is not impaired by this Act. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right; and  (5) Any rule of construction or presumption provided in this Act applies to instruments executed before the effective date unless there is a clear indication of a contrary intent. [L 1996, c 288, §5; am L 1997, c 244, §16]
HI Rev Stat § 560:8-301 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:8-301 Effect.

 §560:8-301 Effect. Act 161, Session Laws of Hawaii 2004, shall not affect any action commenced, proceeding brought, or right accrued prior to January 1, 2005. [L 2006, c 29, §1]
HI Rev Stat § 571-1 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-1 Construction and purpose of chapter.

  §571-1 Construction and purpose of chapter. This chapter shall be liberally construed to the end that children and families whose rights and well-being are jeopardized shall be assisted and protected, and secured in those rights through action by the court; that the court may formulate a plan adapted to the requirements of the child and the child's family and the necessary protection of the community, and may utilize all state and community resources to the extent possible in its implementation.  This chapter creates within this State a system of family courts and it shall be a policy and purpose of said courts to promote the reconciliation of distressed juveniles with their families, foster the rehabilitation of juveniles in difficulty, render appropriate punishment to offenders, and reduce juvenile delinquency. The court shall conduct all proceedings to the end that no adjudication by the court of the status of any child under this chapter shall be deemed a conviction; no such adjudication shall impose any civil disability ordinarily resulting from conviction; no child shall be found guilty or be deemed a criminal by reason of such adjudication; no child shall be charged with crime or be convicted in any court except as otherwise provided in this chapter; and all children found responsible for offenses shall receive dispositions that provide incentive for reform or deterrence from further misconduct, or both. The disposition made of a child or any evidence given in the court, shall not operate to disqualify the child in any civil service or military application or appointment. Any evidence given in any case under section 571-11 shall not in any civil, criminal, or other cause in any court be lawful or proper evidence against the child for any purpose whatever except in subsequent cases involving the same child under section 571-11. [L 1965, c 232, pt of §1; Supp, §333-1; HRS §571-1; am L 1976, c 85, §2; am L 1980, c 303, §1; gen ch 1985] Case Notes  Inherent powers give family court jurisdiction to determine rights of natural father of illegitimate child. 56 H. 462, 541 P.2d 13 (1975).  As this section mandates against treating juvenile adjudications as convictions, appellate court erred in holding that defendant's prior juvenile adjudication of driving without no-fault insurance constituted a conviction for purposes of applying the repeat offender sentencing provisions of §431:10C-117 (1993) to defendant's subsequent offense of driving without no-fault insurance. 92 H. 521, 993 P.2d 555 (2000).
HI Rev Stat § 571-3 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-3 Family courts, divisions of circuit courts.

  §571-3 Family courts, divisions of circuit courts. The family courts shall be divisions of the circuit courts of the State and shall not be deemed to be other courts as that term is used in the State Constitution. A family court shall be held at the courthouse in each circuit, or other duly designated place, by the judge or judges of the respective family courts as herein defined. The chief justice of the supreme court may temporarily assign a family court judge to preside in another circuit when the urgency of one or more cases requires the chief justice to do so. In any case in which it has jurisdiction the court shall exercise general equity powers as authorized by law. [L 1965, c 232, pt of §1; Supp, §333-3; HRS §571-3; am L 1973, c 211, §1(a); am L 1979, c 111, §20; gen ch 1985] Cross References  Courts, see Const. Art. VI, §1. Rules of Court  Applicability, see HRCP rules 1, 81; HRPP rules 1, 54; RCC rules 31, 32. Case Notes  As family courts are divisions of, and not separate and distinct courts from, the circuit courts of this State, error misidentifying indictment as a family court criminal matter was harmless. 104 H. 311 (App.), 88 P.3d 683 (2004).
HI Rev Stat § 571-4 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|571. Family Courts|571-4 Family courts, circuits.

 §571-4 Family courts, circuits. In the first circuit any judge or judges so designated by the chief justice of the supreme court shall be the judge or judges of the family court of the first circuit. The several judges of the second, third, and fifth circuits, and of any other circuits hereafter created by the legislature, shall, when exercising jurisdiction under this chapter, be judges of the family courts of their respective circuits. In any circuit in which more than one judge is authorized to exercise jurisdiction as judge of the family court, the chief justice of the supreme court shall designate one of the judges as senior judge.   Nothing in this chapter shall be construed to limit the jurisdiction and authority of any circuit judge, designated as judge of a family court, to matters within the scope of this chapter. [L 1965, c 232, pt of §1; Supp, §333-4; HRS §571-4] Case Notes  Even assuming that, for purposes of §571-14, defendant did not have physical custody of complainant during the times of the alleged offenses, and the family court was, therefore, without jurisdiction over those counts of the indictment, the judge, in the judge's capacity as a circuit court judge, properly exercised jurisdiction over those counts under this section. 103 H. 214, 81 P.3d 394 (2003).  Where judge, at the time judge entered the family court orders purporting to void the estate documents, was a district judge appointed under §571-8, not a circuit judge sitting by designation in family court under this section, the judge lacked original jurisdiction over guardianships of the property under §560:5-102 as it stood prior to the 1996 amendments to the Hawaii uniform probate code. 110 H. 8, 129 P.3d 511 (2006).