reglab/housing_qa huggingface dataset:
HI Rev Stat § 558-2 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|558. Land Trusts--Beneficiary Controlled|558-2 Purpose.

  §558-2 Purpose. The purpose of this chapter is to authorize those trusts which incorporate it by reference to convey legal and equitable title to real estate in trust to a qualified trustee; to define the nature and extent of the beneficiaries' interest in the trust property; to define the obligations of persons dealing with the trustee to inquire into the trustee's authority; and to provide for disclosure of the identity and interest of the trust beneficiaries. [L 1978, c 151, pt of §1]
HI Rev Stat § 558-3 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|558. Land Trusts--Beneficiary Controlled|558-3 Definitions.

  §558-3 Definitions. As used in this chapter, unless the context otherwise requires:   "Recorded instrument" means any conveyance, deed, mortgage, lease assignment, or other instrument relating to this chapter and duly executed and recorded with the bureau of conveyances or the land court of the State. [L 1978, c 151, pt of §1]
HI Rev Stat § 558-4 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|558. Land Trusts--Beneficiary Controlled|558-4 Creation of trust, powers of trustee.

  §558-4 Creation of trust, powers of trustee. Any recorded instrument transferring any interest in real property in this State, including but not limited to, leasehold and mortgagee's interests, to any person, corporation, bank, or trust company, qualified to act as a trustee in this State, whether or not reference is made in such recorded instrument to any separate unrecorded collateral declarations or agreements, shall be effective to vest in the trustee legal and equitable title over the real property or interest therein, with full power and authority as granted and provided in the recorded instrument to deal in and with the property or interest therein or any part thereof. Any trust authorized pursuant to this chapter shall be valid notwithstanding the fact that the recorded instrument fails to state the duties imposed upon the trustee. [L 1978, c 151, pt of §1; am L 1982, c 127, §1]
HI Rev Stat § 558-5 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|558. Land Trusts--Beneficiary Controlled|558-5 Inquiry into authority of trustee.

  §558-5 Inquiry into authority of trustee. Any grantee, mortgagee, lessee, transferee, assignee, or person obtaining satisfaction, releases, or otherwise in any way dealing with the trustee with respect to the real property held in trust under the recorded instrument, may but shall not be obligated to inquire into the identification or status of any named or unnamed beneficiaries, or their heirs or assigns to whom a trustee may be accountable under the terms of the recorded instrument, or under any unrecorded separate declarations or agreements collateral to the recorded instrument whether referred to in the recorded instrument or not, nor to inquire into or ascertain the authority of such trustee to act within and exercise the powers granted under the recorded instrument, nor to inquire into the adequacy or disposition of any consideration, if any is paid or delivered to the trustee in connection with any interest so acquired from the trustee, nor to inquire into any of the provisions of any of the unrecorded declarations or agreements. [L 1978, c 151, pt of §1]
HI Rev Stat § 558-6 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|558. Land Trusts--Beneficiary Controlled|558-6 Conveyance by trustee.

  §558-6 Conveyance by trustee. Any person dealing with the trustee under the recorded instrument shall take any interest transferred by the trustee free and clear of the claims of all the beneficiaries of the trust, and of any unrecorded separate declarations or agreements collateral to the recorded instrument whether referred to in the recorded instrument or not, and of anyone claiming by, through or under such beneficiaries including, and without limiting the foregoing to, any claim arising out of any dower or curtesy interest of the spouse of any beneficiary thereof; provided that nothing herein contained shall prevent the beneficiary of any unrecorded collateral declarations or agreements from enforcing the terms of the unrecorded collateral declarations or agreements against the trustee. [L 1978, c 151, pt of §1; am L 1980, c 232, §26]
HI Rev Stat § 558-7 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|558. Land Trusts--Beneficiary Controlled|558-7 Personal property.

  §558-7 Personal property. In all cases where the recorded instrument contains a provision defining and declaring the interest of beneficiaries to be personal property only, the provision shall be controlling for all purposes where the determination shall become an issue under the laws or in the courts of this State. [L 1978, c 151, pt of §1]
HI Rev Stat § 558-8 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|558. Land Trusts--Beneficiary Controlled|558-8 Disclosure of beneficiaries.

  §558-8 Disclosure of beneficiaries. (a) Any trust created hereunder shall be invalid unless the recorded conveyance document transferring title to the trustee discloses the name and pro rata interest of each beneficiary of such trust.  (b) Upon service of a complaint, or similar pleading, in federal or state court to which the trustee is required to respond, the trustee shall disclose in the response the name of every beneficiary with a present interest in trust property which is a subject of the action. This subsection shall be liberally construed to require identification of the actual parties to the controversy.  (c) Upon receipt of a notice of violation of any ordinance, rule, regulation, or law relating to real property held in trust, the trustee shall disclose to the State, political subdivision, or agency giving notice or which is primarily responsible for enforcement of such ordinance, rule, regulation, or law, the identity of every beneficiary who has an interest in the trust property. This subsection shall be liberally construed to require identification of the actual parties who are being notified of the violation.  (d) As part of any contract relating to the ownership or use of real property which is the subject of a land trust and is entered into by and between the State or any local governmental unit or any agency of either and a trustee under a land trust, the trustee shall disclose the identity of every beneficiary of the land trust. This subsection shall be liberally construed to require identification of the actual parties benefiting from a transaction with a governmental unit or agency.  (e) Whenever any trustee or beneficiary of a land trust applies or supports an application to the State or any local governmental unit or any agency of either for any benefit, authorization, license, land use or permit relating to the land which is the subject of the land trust, such application shall identify every beneficiary of the land trust. This subsection shall be liberally construed to require identification of the actual parties benefiting from the actions of governmental units and agencies.  (f) A trustee who discloses the identity of a beneficiary pursuant to law shall not be liable in any civil action as a result of the disclosure. [L 1978, c 151, pt of §1; am L 1982, c 127, §2]
HI Rev Stat § 560:1-102 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-102 Purposes; rule of construction.

  §560:1-102 Purposes; rule of construction. (a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.  (b) The underlying purposes and policies of this chapter are to:  (1) Simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons;  (2) Discover and make effective the intent of a decedent in distribution of the decedent's property;  (3) Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to the decedent's successors;  (4) Facilitate use and enforcement of certain trusts; and  (5) Make uniform the law among the various jurisdictions. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-103 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-103 Supplementary general principles of law applicable.

  §560:1-103 Supplementary general principles of law applicable. Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. [L 1996, c 288, pt of §1] Case Notes  As no "particular provision" in chapter 560 displaces a right of access to probate proceedings and records, third parties have a right to file petitions challenging the closure of probate court proceedings or the sealing of court records under a principle of law supplementing the probate code. 106 H. 453, 106 P.3d 1096 (2005).
HI Rev Stat § 560:1-104 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-104 Severability.

  §560:1-104 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-105 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-105 Construction against implied repeal.

  §560:1-105 Construction against implied repeal. This chapter is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-106 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-106 Effect of fraud and evasion.

  §560:1-106 Effect of fraud and evasion. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during the decedent's lifetime which affects the succession of the decedent's estate. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-107 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-107 Evidence of death or status.

  §560:1-107 Evidence of death or status. In addition to the rules of evidence, the following rules relating to a determination of death and status apply:  (1) Death occurs when an individual has sustained either:  (A) Irreversible cessation of circulatory and respiratory functions; or  (B) Irreversible cessation of all functions of the entire brain, including the brain stem. A determination of death must be made in accordance with accepted medical standards;  (2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent;  (3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report;  (4) In the absence of prima facie evidence of death under paragraph (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence;  (5) An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier;  (6) In the absence of evidence disputing the time of death stated on a document described in paragraph (2) or (3), a document described in paragraph (2) or (3) that states a time of death one hundred twenty hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by one hundred twenty hours. [L 1996, c 288, pt of §1] Rules of Court  Determination of death, see HPR rules 150 to 154.
HI Rev Stat § 560:1-108 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-108 Acts by holder of general power.

  §560:1-108 Acts by holder of general power. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power. [L 1996, c 288, pt of §1] Rules of Court  Trust registration, see HPR rule 127.
HI Rev Stat § 560:1-301 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-301 Territorial application.

  §560:1-301 Territorial application. Except as otherwise provided in this chapter, this chapter applies to:  (1) The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this State;  (2) The property of nonresidents located in this State or property coming into the control of a fiduciary who is subject to the laws of this State;  (3) Incapacitated persons and minors in this State;  (4) Survivorship and related accounts in this State; and  (5) Trusts subject to administration in this State. [L 1996, c 288, pt of §1] Case Notes  Circuit court properly ruled it did not have jurisdiction to open probate proceedings where appellant failed to prove decedent was domiciled in Hawaii or owned property located in Hawaii. 88 H. 148, 963 P.2d 1124 (1998).  Property held in federal custody at the time of circuit court proceedings may not serve as the jurisdictional basis for a Hawaii probate proceeding under paragraph (2). 88 H. 148, 963 P.2d 1124 (1998).
HI Rev Stat § 560:1-302 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-302 Subject matter jurisdiction.

  §560:1-302 Subject matter jurisdiction. (a) To the full extent permitted by the Constitution and except as otherwise provided by law, the court has jurisdiction over all subject matter relating to:  (1) Estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons;  (2) Protection of minors and incapacitated persons; and  (3) Trusts.  (b) The court has full power to make orders, judgments and decrees and take all other action necessary and proper to administer justice in the matters which come before it.  (c) The court has jurisdiction over protective proceedings and the family court has jurisdiction over guardianship proceedings.  (d) Where protective and guardianship proceedings relating to the same person have been initiated, they may be consolidated in the court or in the family court as the court and the family court in the exercise of their discretion shall determine. [L 1996, c 288, pt of §1] Rules of Court  Consolidation of proceedings, see HPR rule 14. Case Notes  Family court had subject matter jurisdiction to issue temporary restraining order under subsection (b), § §571-8.5 and 560:5-106(2) and (3) where resolution of ward's capacity was required to be resolved, and an apparent threat of ward's removal from the court's jurisdiction was alleged. 113 H. 211, 151 P.3d 692 (2007).
HI Rev Stat § 560:1-303 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-303 Venue; multiple proceedings; transfer.

  §560:1-303 Venue; multiple proceedings; transfer. (a) Where a proceeding under this chapter could be maintained in more than one place in this State, the court in which the proceeding is first commenced has the exclusive right to proceed.  (b) If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this State, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.  (c) If a court finds that in the interest of justice a proceeding or a file should be located in another court of this State, the court making the finding may transfer the proceeding or file to the other court. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-304 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-304 Practice in court.

  §560:1-304 Practice in court. Unless specifically provided to the contrary in this chapter or unless inconsistent with its provisions, the Hawai`i probate rules govern formal and informal proceedings under this chapter. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-305 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-305 Records and certified copies.

  §560:1-305 Records and certified copies. The clerk of court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this chapter, including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk shall issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills shall indicate whether the decedent was domiciled in this State and whether the probate was formal or informal. Certificates relating to letters shall show the date of appointment. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-306 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-306 Jury trial.

 §560:1-306 Jury trial. (a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.  (b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-307 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-307 Registrar; powers.

  §560:1-307 Registrar; powers. The acts and orders which this chapter specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the court. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-308 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-308 Appeals.

  §560:1-308 Appeals. Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the Hawai`i rules of appellate procedure and the Hawai`i rules of civil procedure. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:1-309 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-309 Reserved.

  §560:1-309 Reserved.
HI Rev Stat § 560:1-310 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-310 Oath or affirmation on filed documents.

  §560:1-310 Oath or affirmation on filed documents. Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification therein. L 1996, c 288, pt of §1 Rules of Court  Verification, see HPR rule 5.
HI Rev Stat § 560:1-311 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:1-311 Documents sealed upon filing.

  §560:1-311 Documents sealed upon filing. In any action or proceeding under this chapter in the circuit court having jurisdiction in matters relating to the affairs of decedents, the following documents shall be sealed upon filing:  (1) Birth certificate;  (2) Marriage certificate;  (3) Death certificate;  (4) Tax return;  (5) Kokua kanawai's report;  (6) Court-ordered professional evaluation; and  (7) Responses and objections to a kokua kanawai's report or a professional evaluation. The foregoing documents shall remain sealed unless otherwise ordered by the court; provided that the clerk, without further court order, may unseal and provide a copy of a report or evaluation pursuant to section 560:5-307 or 560:5-407. [L 2006, c 8, §1]