reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-41 Uniformity of application and construction.

§551G-41 Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-42 Relation to Electronic Signatures in Global and National Commerce Act.

§551G-42 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, title 15 United States Code section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, title 15 United States Code section 7003(b). [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-1 Definitions.

§553A-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Adult" means an individual who has attained the age of twenty-one years.
"Benefit plan" means an employer's plan for the benefit of an employee or partner.
"Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
"Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
"Court" means the circuit court of the State.
"Custodial property" means (1) any interest in property transferred to a custodian under this chapter and (2) the income from and proceeds of that interest in property.
"Custodian" means a person so designated under section 553A-9 or a successor or substitute custodian designated under section 553A-18.
"Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
"Legal representative" means an individual's personal representative or conservator.
"Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
"Minor" means an individual who has not attained the age of twenty-one years.
"Person" means an individual, corporation, organization, or other legal entity.
"Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
"State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
"Transfer" means a transaction that creates custodial property under section 553A-9.
"Transferor" means a person who makes a transfer under this chapter.
"Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-2 Scope and jurisdiction.

§553A-2 Scope and jurisdiction.
(a) This chapter applies to a transfer that refers to this chapter in the designation under section 553A-9(a) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this State or the custodial property is located in this State. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this State.
(b) A person designated as custodian under this chapter is subject to personal jurisdiction in this State with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this State if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-3 Nomination of custodian.

§553A-3 Nomination of custodian.
(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ____________________ (name of minor) under the Hawaii Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under section 553A-9(a).
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 553A-9. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to section 553A-9. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-4 Transfer by gift or exercise of power of appointment.

§553A-4 Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 553A-9. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-5 Transfer authorized by will or trust.

§553A-5 Transfer authorized by will or trust.
(a) A personal representative or trustee may make an irrevocable transfer pursuant to section 553A-9 to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under section 553A-3 to receive the custodial property, the transfer must be made to that person.
(c) If the testator or settlor has not nominated a custodian under section 553A-3, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under section 553A-9(a). [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-6 Other transfer by fiduciary.

§553A-6 Other transfer by fiduciary.
(a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 553A-9, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 553A-9.
(c) A transfer under subsection (a) or (b) may be made only if:
(1) The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
(2) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and
(3) The transfer is authorized by the court if it exceeds $10,000 in value. [L 1985, c 91, pt of §1]
Rules of Court
Transfers, see HPR rule 111.
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-7 Transfer by obligor.

§553A-7 Transfer by obligor.
(a) Subject to subsections (b) and (c), a person not subject to section 553A-5 or 553A-6 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 553A-9.
(b) If a person having the right to do so under section 553A-3 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c) If no custodian has been nominated under section 553A-3, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-8 Receipt for custodial property.

§553A-8 Receipt for custodial property.
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-10 Single custodianship.

§553A-10 Single custodianship.
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-11 Validity and effect of transfer.

§553A-11 Validity and effect of transfer.
(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(1) Failure of the transferor to comply with section 553A-9(c) concerning possession and control;
(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under section 553A-9(a); or
(3) Death or incapacity of a person nominated under section 553A-3 or designated under section 553A-9 as custodian or the renunciation of the office by that person.
(b) A transfer made pursuant to section 553A-9 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-12 Care of custodial property.

§553A-12 Care of custodial property.
(a) A custodian shall:
(1) Take control of custodial property;
(2) Register or record title to custodial property if appropriate; and
(3) Collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on:
(1) The life of the minor only if the minor or the minor's estate is the sole beneficiary; or
(2) The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ____________________ (name of minor) under the Hawaii Uniform Transfers to Minors Act."
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of fourteen years. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-13 Powers of custodian.

§553A-13 Powers of custodian.
(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b) This section does not relieve a custodian from liability for breach of section 553A-12. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-14 Use of custodial property.

§553A-14 Use of custodial property.
(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(1) The duty or ability of the custodian personally or of any other person to support the minor; or
(2) Any other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained the age of fourteen years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-15 Custodian's expenses, compensation, and bond.

§553A-15 Custodian's expenses, compensation, and bond.
(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Except for one who is a transferor under section 553A-4, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in section 553A-18(f), a custodian need not give a bond. [L 1985, c 91, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 553A. Uniform Transfers to Minors Act › 553A-16 Exemption of third person from liability.

§553A-16 Exemption of third person from liability.
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian's designation;
(2) The propriety of, or the authority under this chapter for, any act of the purported custodian;
(3) The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of the minor delivered to the purported custodian. [L 1985, c 91, pt of §1]
2023 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]
2023 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.
2023 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]
2023 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".
2023 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".
2023 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]
2023 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).
2023 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).
2023 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).
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 554B. Uniform Custodial Trust Act › 554B-5 Transfer to custodial trustee by fiduciary or obligor, facility of payment.

§554B-5 Transfer to custodial trustee by fiduciary or obligor, facility of payment.
(a) Unless controlled by an instrument designating a custodial trustee under section 554B-3, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the benefit of the incapacitated individual. If the property or obligation exceeds $20,000 in value, the transfer must be authorized by the court.
(b) The written acknowledgment of delivery signed by a custodial trustee constitutes a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section. [L 1989, c 76, pt of §1; am L 2004, c 161, §36]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 554B. Uniform Custodial Trust Act › 554B-6 Multiple beneficiaries, separate custodial trusts, survivorship.

§554B-6 Multiple beneficiaries, separate custodial trusts, survivorship.
(a) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in transfers for benefit of husband and wife, for whom survivorship is presumed, no right of survivorship exists unless the writing creating the custodial trust specifically provides for survivorship. (Or as is required as to community property.)
(b) Custodial trust property held under this chapter by the same custodial trustee for the benefit of the same beneficiary may be administered as a single custodial trust.
(c) A custodial trustee of property held for more than one beneficiary shall separately account to each beneficiary as provided in sections 554B-7 and 554B-15 for the administration of the custodial trust. [L 1989, c 76, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 554B. Uniform Custodial Trust Act › 554B-7 General management duties of custodial trustee.

§554B-7 General management duties of custodial trustee.
(a) A custodial trustee shall register or record the instrument transferring title to custodial trust property if appropriate.
(b) In the management, control, investment, or retention of custodial trust property, a custodial trustee shall follow the directions of the beneficiary if the beneficiary is not incapacitated. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a trust company or other custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
(c) Subject to subsection (b), a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has possession and control, separate and distinct from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property subject to recordation is so identified if it is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account designated, in the name of the custodial trustee followed by words stating in substance: "as custodial trustee for _________________________ (name of beneficiary) under the Hawaii Uniform Custodial Trust Act."
(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable intervals to the beneficiary or legal representative of the beneficiary.
(f) 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 custodial trust. [L 1989, c 76, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 554B. Uniform Custodial Trust Act › 554B-8 General powers of custodial trustee.

§554B-8 General powers of custodial trustee.
(a) A custodial trustee, acting in a fiduciary capacity, has all the rights, powers, and authority over custodial trust property that an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights, powers, and authority in a fiduciary capacity only.
(b) This section does not relieve a custodial trustee from liability for breach of section 554B-7. [L 1989, c 76, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 554B. Uniform Custodial Trust Act › 554B-9 Use of custodial trust property.

§554B-9 Use of custodial trust property.
(a) The custodial trustee shall pay to the beneficiary or expend for the beneficiary's benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee determines advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary at the time the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, at the time, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.
(c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from or checks written against the account by the beneficiary are treated as distributions of custodial trust property by the custodial trustee to the beneficiary. [L 1989, c 76, pt of §1]