reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-214 Protection of payors and other third parties.

§560:2-214 Protection of payors and other third parties.
(a) Although under section 560:2-205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or reciprocal beneficiary or spouse's or reciprocal beneficiary's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed.
(b) A written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction or probate proceedings relating to decedents' estates located in the judicial circuit of the decedent's residence. The court shall hold the funds or item of property, and, upon its determination under section 560:2-211(d), shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under section 560:2-211(a) or, if filed, the demand for an elective share is withdrawn under section 560:2-211(d), the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made into court discharge the payor or other third party from all claims for amounts so paid or the value of property so transferred or deposited.
(c) Upon petition to the probate court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this part. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-301 Entitlement of spouse or reciprocal beneficiary; premarital will.

§560:2-301 Entitlement of spouse or reciprocal beneficiary; premarital will.
(a) If a testator's surviving spouse married the testator, or the testator's reciprocal beneficiary entered into a reciprocal beneficiary relationship with the testator, after the testator executed the testator's will, the surviving spouse or reciprocal beneficiary is entitled to receive, as an intestate share, no less than the value of the share of the estate the spouse or reciprocal beneficiary would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised to a child of the testator who was born before the testator married the surviving spouse or entered into a reciprocal beneficiary relationship with the surviving reciprocal beneficiary and who is not a child of the surviving spouse or reciprocal beneficiary, nor is devised to a descendant of such a child or passes under section 560:2-603 or 560:2-604 to such a child or to a descendant of such a child, unless:
(1) It appears from the will or other evidence that the will was made in contemplation of:
(A) The testator's marriage to the surviving spouse; or
(B) The testator's entering into a reciprocal beneficiary relationship with the reciprocal beneficiary;
(2) The will expresses the intention that it is to be effective notwithstanding any subsequent marriage, or reciprocal beneficiary relationship; or
(3) The testator provided for the spouse or reciprocal beneficiary by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.
(b) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, or reciprocal beneficiary, if any, are applied first, and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse, or entered a reciprocal beneficiary relationship with the reciprocal beneficiary, and who is not a child of the surviving spouse or reciprocal beneficiary, or a devise or substitute gift under section 560:2-603 or 560:2-604 to a descendant of such a child, abate as provided in section 560:3-902. [L 1996, c 288, pt of §1; am L 1997, c 383, §15]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-401 Applicable law.

§560:2-401 Applicable law.
This part applies to the estate of a decedent who dies domiciled in this State. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this State are governed by the law of the decedent's domicile at death. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-402 Homestead allowance.

§560:2-402 Homestead allowance.
A decedent's surviving spouse or reciprocal beneficiary shall be entitled to a homestead allowance of $30,000. If there is no surviving spouse or reciprocal beneficiary, each minor child and each dependent child of the decedent shall be entitled to a homestead allowance amounting to $30,000 divided by the number of minor and dependent children of the decedent. The homestead allowance shall be exempt from and has priority over all claims against the estate. The homestead allowance shall be in addition to any share passing to the surviving spouse or reciprocal beneficiary or minor or dependent child by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2023, c 158, §22
Rules of Court
Distribution, see HPR rule 90(a).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-403 Exempt property.

§560:2-403
Exempt property.
In addition to the homestead allowance, the decedent's surviving spouse or reciprocal beneficiary shall be entitled from the estate to a value, not exceeding $20,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse or reciprocal beneficiary, the decedent's children shall be entitled jointly to the same value. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $20,000 or if there is not $20,000 worth of exempt property in the estate, the spouse, reciprocal beneficiary, or children shall be entitled to other assets of the estate, if any, to the extent necessary to make up the $20,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property shall have priority over all claims against the estate, but the right to any assets to make up a deficiency of exempt property shall abate as necessary to permit earlier payment of homestead allowance and family allowance. These rights shall be in addition to any benefit or share passing to the surviving spouse, reciprocal beneficiary, or children by the decedent's will, unless otherwise provided, by intestate succession, or by way of elective share. L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2023, c 158, §23
Rules of Court
Distribution, see HPR rule 90(a).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-404 Family allowance.

§560:2-404
Family allowance.
(a) In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse or reciprocal beneficiary and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse or reciprocal beneficiary, if living, for the use of the surviving spouse or reciprocal beneficiary and minor and dependent children; otherwise to the children, or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse or reciprocal beneficiary, the allowance may be made partially to the child or the child's guardian or other person having the child's care and custody, and partially to the spouse or reciprocal beneficiary, as their needs may appear. The family allowance is exempt from and has priority over all claims except the homestead allowance.
(b) The family allowance is not chargeable against any benefit or share passing to the surviving spouse, reciprocal beneficiary, or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. The death of any person entitled to family allowance terminates the right to allowances not yet paid. L 1996, c 288, pt of §1; am L 1997, c 383, §19
Rules of Court
Distribution, see HPR rule 90(b).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-405 Source, determination, and documentation.

§560:2-405
Source, determination, and documentation.
(a) If the estate is otherwise sufficient, property specifically devised shall not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse or reciprocal beneficiary, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse or reciprocal beneficiary, guardians of the minor children, or adult children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $36,000 or periodic installments not exceeding $3,000 per month for one year, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
(b) If the right to an elective share is exercised on behalf of a surviving spouse or reciprocal beneficiary who is an incapacitated person, the personal representative may add any unexpended portions payable under the homestead allowance, exempt property, and family allowance to the trust established under section 560:2-212(b). [L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2023, c 158, §24]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-502 Execution; witnessed wills; holographic wills.

§560:2-502
Execution; witnessed wills; holographic wills.
(a) Except as provided in subsection (b) and in sections 560:2-503, 560:2-506, and 560:2-513, a will must be:
(1) In writing;
(2) Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and
(3) Signed by at least two individuals, each of whom signed within a reasonable time after the individual witnessed either the signing of the will as described in paragraph (2) or the testator's acknowledgment of that signature or acknowledgment of the will.
(b) A will that does not comply with subsection (a) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
(c) Intent that the document constitute the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting. [L 1996, c 288, pt of §1]
Case Notes
Decedent's alleged testamentary gift of loan forgiveness must be in writing in order to be operative as required by this section and §656-1; no exception to the writing requirement for testamentary gifts. 731 F. Supp. 2d 1000 (2010).
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-503 Writings intended as wills, etc.

§560:2-503
Writings intended as wills, etc.
Although a document or writing added upon a document was not executed in compliance with section 560:2-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:
(1) The decedent's will;
(2) A partial or complete revocation of the will;
(3) An addition to or an alteration of the will; or
(4) A partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the will. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-505 Who may witness.

§560:2-505
Who may witness.
(a) An individual generally competent to be a witness may act as a witness to a will.
(b) The signing of a will by an interested witness does not invalidate the will or any provision of it, including any gift to or appointment of the witness. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-506 Choice of law as to execution.

§560:2-506
Choice of law as to execution.
A written will is valid if executed in compliance with section 560:2-502 or 560:2-503 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-507 Revocation by writing or by act.

§560:2-507
Revocation by writing or by act.
(a) A will or any part thereof is revoked by:
(1) Executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
(2) Performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this paragraph, "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a "revocatory act on the will", whether or not the burn, tear, or cancellation touched any of the words on the will.
(b) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
(c) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.
(d) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-508 Revocation by change of circumstances.

§560:2-508
Revocation by change of circumstances.
Except as provided in sections 560:2-803 and 560:2-804, a change of circumstances does not revoke a will or any part of it. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-509 Revival of revoked will.

§560:2-509
Revival of revoked will.
(a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 560:2-507(a)(2), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
(b) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under section 560:2-507(a)(2), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.
(c) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later, will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-510 Incorporation by reference.

§560:2-510
Incorporation by reference.
A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-511 Testamentary additions to trusts.

§560:2-511
Testamentary additions to trusts.
(a) A will may validly devise property to the trustee of a trust established or to be established:
(1) During the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts; or
(2) At the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust.
The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.
(b) Unless the testator's will provides otherwise, property devised to a trust described in subsection (a) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.
(c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-512 Events of independent significance.

§560:2-512
Events of independent significance.
A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-513 Separate writing identifying devise of certain types of tangible personal property.

§560:2-513
Separate writing identifying devise of certain types of tangible personal property.
Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-514 Contracts concerning succession.

§560:2-514
Contracts concerning succession.
A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1997, may be established only by:
(1) Provisions of a will stating material provisions of the contract;
(2) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(3) A writing evidencing the contract and signed by the party alleged to have breached the contract.
The execution of a joint will or mutual wills shall not create a presumption of a contract not to revoke the will or wills. [L 1996, c 288, pt of §1; am L 2023, c 158, §25]
Revision Note
"January 1, 1997" substituted for "the effective date of this article".
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-516 Duty of custodian of will; liability.

§560:2-516
Duty of custodian of will; liability.
After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall either deliver it with reasonable promptness to a person able to secure its probate or if none is known, deposit it with an appropriate court. A person who knowingly and wilfully fails to so deliver or deposit a will is liable to any person aggrieved for any damages that may be sustained by the failure, and the court may award treble damages. A person who wilfully refuses to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court. Proceedings under this section shall be brought in the probate proceeding relating to the will. L 1996, c 288, pt of §1
Rules of Court
Deposit of will without probate, see HPR rule 74.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-517 Penalty clause for contest.

§560:2-517
Penalty clause for contest.
A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-602 Will may pass all property and after-acquired property.

§560:2-602
Will may pass all property and after-acquired property.
A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-604 Failure of testamentary provision.

§560:2-604
Failure of testamentary provision.
(a) Except as provided in section 560:2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
(b) Except as provided in section 560:2-603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-605 Increase in securities; accessions.

§560:2-605
Increase in securities; accessions.
(a) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:
(1) Securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;
(2) Securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or
(3) Securities of the same organization acquired as a result of a plan of reinvestment.
(b) Distributions in cash before death with respect to a described security are not part of the devise. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-606 Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or agent.

§560:2-606 Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or agent.
(a) A specific devisee shall have a right to the specifically devised property in the testator's estate at death and:
(1) Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;
(2) Any amount of a condemnation award for the taking of the property unpaid at death;
(3) Any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property;
(4) Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;
(5) Any real property or tangible personal property owned by the testator at death that the testator acquired as a replacement for specifically devised real property or tangible personal property; and
(6) If not covered by paragraphs (1) through (5), a pecuniary devise equal to the value as of its date of disposition of other specifically devised property disposed of during the testator's lifetime but only to the extent it is established that ademption would be inconsistent with the testator's manifested plan of distribution or that at the time the will was made, the date of disposition or otherwise, the testator did not intend ademption of the devise.
(b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.
(c) The right of a specific devisee under subsection (b) is reduced by any right the devisee has under subsection (a).
(d) For the purposes of the references in subsection (b) to a conservator, subsection (b) does not apply if after the sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one year.
(e) For the purposes of the references in subsection (b) to an agent acting within the authority of a durable power of attorney for an incapacitated principal:
(1) "Incapacitated principal" means a principal who is an incapacitated person;
(2) No adjudication of incapacity before death is necessary; and
(3) The acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal. [L 1996, c 288, pt of §1; am L 2023, c 158, §27]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-607 Nonexoneration.

§560:2-607
Nonexoneration.
A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-608 Exercise of power of appointment.

§560:2-608
Exercise of power of appointment.
In the absence of a requirement that a power of appointment be exercised by a reference or specific reference, to the power, a general residuary clause in a will, or a will making general disposition of all of the testator's property, shall be deemed to express an intention to exercise a power of appointment held by the testator only if:
(1) The power is a general power exercisable in favor of the powerholder's estate, and the creating instrument does not contain an effective gift if the power is not exercised; or
(2) The testator's will manifests an intention to include the property subject to the power. [L 1996, c 288, pt of §1; am L 2023, c 158, §28]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-609 Ademption by satisfaction.

§560:2-609
Ademption by satisfaction.
(a) Property a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if:
(1) The will provides for deduction of the gift;
(2) The testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or
(3) The devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(b) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
(c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying sections 560:2-603 and 560:2-604, unless the testator's contemporaneous writing provides otherwise. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-701 Scope.

§560:2-701 Scope.
In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-703 Choice of law as to meaning and effect of governing instrument.

§560:2-703
Choice of law as to meaning and effect of governing instrument.
The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in part 2, the provisions relating to exempt property and allowances described in part 4, the provisions relating to the burden of proof in section 560:3-407, or any other public policy of this State otherwise applicable to the disposition. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-704 Power of appointment; meaning of specific reference requirement.

§560:2-704
Power of appointment; meaning of specific reference requirement.
A powerholder's substantial compliance with a formal requirement of appointment imposed in a governing instrument by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power shall be sufficient if:
(1) The powerholder knows of and intends to exercise the power; and
(2) The powerholder's manner of attempted exercise does not impair a material purpose of the donor in imposing the requirement. [L 1996, c 288, pt of §1; am L 2023, c 158, §29]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-705 Class gifts construed to accord with intestate succession.

§560:2-705
Class gifts construed to accord with intestate succession.
(a) Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles", "aunts", "nieces", or "nephews", are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers", "sisters", "nieces", or "nephews", are construed to include both types of relationships.
(b) In addition to the requirements of subsection (a), in construing a dispositive provision of a transferor who is not the natural parent, an individual born to the natural parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the household of that natural parent or of that parent's parent, brother, sister, spouse or reciprocal beneficiary, or surviving spouse or reciprocal beneficiary.
(c) In addition to the requirements of subsection (a), in construing a dispositive provision of a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adopting parent. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-708 Class gifts to "descendants", "issue", or "heirs of the body"; form of distribution if none specified.

§560:2-708
Class gifts to "descendants", "issue", or "heirs of the body"; form of distribution if none specified.
If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-709 Representation; per capita at each generation; per stirpes.

§560:2-709 Representation; per capita at each generation; per stirpes.
(a) Definitions. In this section:
"Deceased child" or "deceased descendant" means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date under section 560:2-702.
"Distribution date", with respect to an interest, means the time when the interest is to take effect in possession or enjoyment. The distribution date need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day.
"Surviving ancestor", "surviving child", or "surviving descendant" means an ancestor, a child, or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date under section 560:2-702.
(b) Representation; per capita at each generation. If an applicable statute or a governing instrument executed after January 1, 1997 calls for property to be distributed "by representation" or "per capita at each generation", the property is divided into as many equal shares as there are:
(1) Surviving descendants in the generation nearest to the designated ancestor which contains one or more surviving descendants; and
(2) Deceased descendants in the same generation who left surviving descendants, if any.
Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date.
(c) Per stirpes. If a governing instrument executed after January 1, 1997 calls for property to be distributed "per stirpes", the property is divided into as many equal shares as there are:
(1) Surviving children of the designated ancestor; and
(2) Deceased children who left surviving descendants.
Each surviving child, if any, is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.
(d) Deceased descendant with no surviving descendant disregarded. For the purposes of subsections (b) and (c), an individual who is deceased and left no surviving descendant is disregarded, and an individual who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share. [L 1996, c 288, pt of §1]
Revision Note
In subsections (b) and (c), "January 1, 1997" substituted for "the effective date of this section".
Cross References
Uniform transfer-on-death (TOD) security registration act, see chapter 539.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-710 Worthier-title doctrine abolished.

§560:2-710
Worthier-title doctrine abolished.
The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives", or "family", or language of similar import, does not create or presumptively create a reversionary interest in the transferor. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-711 Interest in "heirs" and like.

§560:2-711
Interest in "heirs" and like.
If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs", "heirs at law", "next of kin", "relatives", or "family", or language of similar import, the property passes to those persons, including the State, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse or reciprocal beneficiary is living but is remarried or has terminated the reciprocal beneficiary relationship at the time the disposition is to take effect in possession or enjoyment, the surviving spouse or reciprocal beneficiary is not an heir of the designated individual. L 1996, c 288, pt of §1; am L 1997, c 383, §16
Cross References
Effect and transition of L 1996, c 288 amendments, see §560:8-201.
Rules of Court
Determination of heirs, see HPR rule 73.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-802 Effect of divorce, annulment, decree of separation, and termination of reciprocal beneficiary relationship.

§560:2-802
Effect of divorce, annulment, decree of separation, and termination of reciprocal beneficiary relationship.
(a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section. An individual who has terminated a reciprocal beneficiary relationship with the decedent is not deemed a surviving reciprocal beneficiary unless, by virtue of a subsequent registration as a reciprocal beneficiary, the individual is the reciprocal beneficiary of the decedent at the time of death.
(b) For purposes of parts 1, 2, 3, and 4 of this article, and of section 560:3-203, a surviving spouse or reciprocal beneficiary does not include:
(1) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this State, unless subsequently they participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife;
(2) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual;
(3) An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights; or
(4) An individual who does not have a certificate of reciprocal beneficiary relationship declaring the decedent as their reciprocal beneficiary or the relationship has been terminated under chapter 572C or otherwise. [L 1996, c 288, pt of §1; am L 1997, c 383, §17]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-805 Reformation to correct mistakes.

§560:2-805 Reformation to correct mistakes.
The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement. [L 2023, c 158, pt of §4]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:2-806 Modification to achieve transferor's tax objectives.

§560:2-806 Modification to achieve transferor's tax objectives.
To achieve the transferor's tax objectives, the court may modify the terms of a governing instrument in a manner that is not contrary to the transferor's probable intention. The court may provide that the modification has retroactive effect. [L 2023, c 158, pt of §4]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-101 to 560:3-1215 REPEALED. §560:3-101 Devolution of estate at death; restrictions.

§ §560:3-101 to 560:3-1215 REPEALED.
L 1996, c 288, pt of §6.
ARTICLE III
PROBATE OF WILLS AND ADMINISTRATION
Cross References
Effect and transition of L 1996, c 288 amendments, see §560:8-201.
PART 1. GENERAL PROVISIONS
§560:3-101 Devolution of estate at death; restrictions.
The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to the decedent's property are subject to the restrictions and limitations contained in this chapter to facilitate the prompt settlement of estates. Upon the death of a person, the decedent's real and personal property devolves to the persons to whom it is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition, to the decedent's heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-102 Necessity of order of probate for will.

§560:3-102 Necessity of order of probate for will.
Except as provided in section 560:3-1201, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court. [L 1996, c 288, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:3-103 Necessity of appointment for administration.

§560:3-103 Necessity of appointment for administration.
Except as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters. [L 1996, c 288, pt of §1]