reglab/housing_qa huggingface dataset:
HI Rev Stat § 526-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-2 Definitions.

  §526-2 Definitions. In this chapter:  "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.  "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.  "Disclaimer" means the refusal to accept an interest in or power over property.  "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.  "Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.  "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.  "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.  "Trust" means:  [(1)] An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and  [(2)] A trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-3 Scope.

  §526-3 Scope. This chapter applies to disclaimers of any interest in or power over property, whenever created. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-4 Chapter supplemented by other law.

  §526-4 Chapter supplemented by other law. (a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.  (b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-5 Power to disclaim; general requirements; when irrevocable.

  §526-5 Power to disclaim; general requirements; when irrevocable. (a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.  (b) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.  (c) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in section 526-12. In this subsection, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.  (d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.  (e) A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 526-12 or when it becomes effective as provided in sections 526-6 through 526-11, whichever occurs later.  (f) A disclaimer made under this chapter is not a transfer, assignment, or release. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-6 Disclaimer of interest in property.

  §526-6 Disclaimer of interest in property. (a) In this section:  "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.  "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.  (b) Except for a disclaimer governed by section 526-7 or 526-8, the following rules apply to a disclaimer of an interest in property:  (1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.  (2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.  (3) If the instrument does not contain a provision described in paragraph (2), the following rules apply:  (A) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. However, if, by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.  (B) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.  (4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment. [L 2000, c 43, pt of §1; am L 2019, c 111, §37]
HI Rev Stat § 526-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-7 Disclaimer of rights of survivorship in jointly held property.

  §526-7 Disclaimer of rights of survivorship in jointly held property. (a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:  (1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or  (2) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.  (b) A disclaimer under subsection (a) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.  (c) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-8 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-8 Disclaimer of interest by trustee.

  §526-8 Disclaimer of interest by trustee. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-9 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-9 Disclaimer of power of appointment or other power not held in fiduciary capacity.

  §526-9 Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:  (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.  (2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.  (3) The instrument creating the power is construed as if the power expired when the disclaimer became effective. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-10 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-10 Disclaimer by appointee, object, or taker in default of exercise of power of appointment.

  §526-10 Disclaimer by appointee, object, or taker in default of exercise of power of appointment. (a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.  (b) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-11 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-11 Disclaimer of power held in fiduciary capacity.

  §526-11 Disclaimer of power held in fiduciary capacity. (a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.  (b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.  (c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-13 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-13 When disclaimer barred or limited.

  §526-13 When disclaimer barred or limited. (a) A disclaimer is barred by a written waiver of the right to disclaim.  (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:  (1) The disclaimant accepts the interest sought to be disclaimed;  (2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or  (3) A judicial sale of the interest sought to be disclaimed occurs.  (c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.  (d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.  (e) A disclaimer is barred or limited if so provided by law other than this chapter.  (f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-14 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-14 Tax qualified disclaimer.

  §526-14 Tax qualified disclaimer. Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter. [L 2000, c 43, pt of §1]
HI Rev Stat § 526-15 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-15 Recording of disclaimer.

  §526-15 Recording of disclaimer. If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or registered. Except as otherwise provided in section 526-12(g), failure to file or record the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. [L 2000, c 43, pt of §1; am L 2011, c 173, §4]
HI Rev Stat § 526-16 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-16 Application to existing relationships.

  §526-16 Application to existing relationships. Except as otherwise provided in section 526-13, an interest in or power over property existing on July 1, 2000 as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after July 1, 2000. [L 2000, c 43, pt of §1] Revision Note  "July 1, 2000" substituted for "the effective date of this chapter".
HI Rev Stat § 527-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-1 Short title.

 §527-1 Short title. This Act may be cited as the Uniform Real Property Transfer on Death Act. [L 2011, c 173, pt of §1]
HI Rev Stat § 527-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-2 Definitions.

  §527-2 Definitions. As used in this chapter:  "Beneficiary" means a person that receives property under a transfer on death deed.  "Designated beneficiary" means a person designated in a transfer on death deed to receive property.  "Joint owner" means an individual who owns property concurrently with one or more individuals with a right of survivorship. The term includes a joint tenant and a tenant by the entirety but does not include a tenant in common.  "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.  "Property" means an interest in real property located in this State that is transferable on the death of the owner.  "Subject property" means real property or an interest in real property that is subject to a transfer on death deed.  "Transfer on death deed" means a deed authorized under this chapter.  "Transferor" means an individual who executes a transfer on death deed. [L 2011, c 173, pt of §1]
HI Rev Stat § 527-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-3 Applicability.

  §527-3 Applicability. This chapter applies to a transfer on death deed executed at any time by a transferor who dies on or after July 1, 2011. [L 2011, c 173, pt of §1]
HI Rev Stat § 527-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-4 Nonexclusivity.

  §527-4 Nonexclusivity. This chapter does not affect any method of transferring property otherwise permitted under the laws of this State. [L 2011, c 173 pt of §1]
HI Rev Stat § 527-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-5 Transfer on death deed authorized.

  §527-5 Transfer on death deed authorized. An individual may transfer property, effective at the transferor's death, to one or more beneficiaries by a transfer on death deed; provided that, with respect to property of which any portion is registered in the land court, transfer is subject to the requirement in section 527-13(a)(1) regarding submittal of a petition to the land court. [L 2011, c 173, pt of §1]
HI Rev Stat § 527-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-6 Transfer on death deed revocable.

  §527-6 Transfer on death deed revocable. A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. [L 2011, c 173, pt of §1]
HI Rev Stat § 527-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-7 Transfer on death deed nontestamentary.

  §527-7 Transfer on death deed nontestamentary. A transfer on death deed is nontestamentary. [L 2011, c 173, pt of §1]
HI Rev Stat § 527-8 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-8 Capacity of transferor.

  §527-8 Capacity of transferor. The capacity required to execute or revoke a transfer on death deed is the same as the capacity required to execute a will. [L 2011, c 173, pt of §1]
HI Rev Stat § 527-9 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-9 Requirements.

  §527-9 Requirements. A transfer on death deed:  (1) Except as otherwise provided in paragraph (2), shall contain the essential elements and formalities of a properly recordable inter vivos deed;  (2) Shall state that the transfer to the beneficiary is to occur at the transferor's death; and  (3) Shall be recorded with the bureau of conveyances or filed in the office of the assistant registrar of the land court, as applicable, before the transferor's death. [L 2011, c 173, pt of §1] Law Journals and Reviews  The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).
HI Rev Stat § 527-10 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-10 Notice, delivery, acceptance, consideration not required.

  §527-10 Notice, delivery, acceptance, consideration not required. A transfer on death deed shall be effective without notice or delivery to or acceptance by the designated beneficiary during the transferor's life, and without consideration. [L 2011, c 173, pt of §1]
HI Rev Stat § 527-11 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-11 Revocation by instrument authorized; revocation by act not permitted.

  §527-11 Revocation by instrument authorized; revocation by act not permitted. (a) Subject to subsection (b), an instrument is effective to revoke all or any part of a recorded or filed transfer on death deed only if the instrument is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and is recorded in the bureau of conveyances or filed in the office of the assistant registrar of the land court, as applicable, before the transferor's death and is:  (1) A subsequently recorded or filed transfer on death deed that revokes all or a part of the recorded or filed transfer on death deed either expressly or because of inconsistency;  (2) An instrument of revocation that expressly revokes all or a part of the recorded or filed transfer on death deed; or  (3) An inter vivos deed that expressly revokes all or a part of the transfer on death deed.  (b) If a transfer on death deed is executed by more than one transferor:  (1) Revocation by one transferor does not affect the deed as to the interest of another transferor; and  (2) A deed executed by joint owners is revoked only if it is revoked by all living joint owners.  (c) After a transfer on death deed is recorded or filed, as applicable, it may not be revoked by a revocatory act on the deed. For purposes of this subsection, "revocatory act" includes burning, tearing, canceling, obliterating, or destroying the transfer on death deed or any part of it.  (d) This section shall not limit the effect of an inter vivos transfer of the subject property. [L 2011, c 173, pt of §1] Law Journals and Reviews  The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).
HI Rev Stat § 527-12 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|527. Uniform Real Property Transfer on Death Act|527-12 Effect of transfer on death deed during transferor's life.

  §527-12 Effect of transfer on death deed during transferor's life. During a transferor's life, a transfer on death deed shall not:  (1) Affect an interest or right in the subject property of the transferor or any other owner, including the right to transfer or encumber the subject property;  (2) Affect an interest or right in the subject property of a transferee, regardless of whether the transferee has actual or constructive notice of the deed;  (3) Affect an interest or right in the subject property of a secured or unsecured creditor or future creditor of the transferor regardless of whether the creditor has actual or constructive notice of the deed;  (4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;  (5) Create a legal or equitable interest in the subject property in favor of the designated beneficiary; or  (6) Subject the subject property to claims or process of a creditor of the designated beneficiary. [L 2011, c 173, pt of §1] Law Journals and Reviews  The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).