reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531B. Disposition of Remains › 531B-6 Forfeiture of right to direct disposition.

§531B-6 Forfeiture of right to direct disposition.
A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next person in the order of priority as listed in section 531B-4, under the following circumstances:
(1) The person is charged with murder or manslaughter in connection with the decedent's death, and the charges are known to the funeral director or manager of the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility; provided that if the charges against the person are dismissed, or if the person is acquitted of the charges, the right of disposition is returned to that person, unless the dismissal or acquittal occurs after the final disposition has been completed;
(2) The person does not exercise the person's right of disposition within five days of notification of the decedent's death or within seven days of the decedent's death, whichever is earlier;
(3) The person and the decedent are spouses, civil union partners, or reciprocal beneficiaries, and at the time of the decedent's death, proceedings for annulment, divorce, or separation had been initiated or a declaration for termination of the reciprocal beneficiary relationship had been filed; or
(4) The probate court pursuant to section 531B-7 determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. [L 2013, c 17, pt of §2; am L 2022, c 294, §7]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531B. Disposition of Remains › 531B-8 Right to rely on representations.

§531B-8 Right to rely on representations.
(a) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order the disposition.
(b) A funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have the right to rely on the funeral service agreement, cremation authorization form, or any other authorization form, including the identification of the decedent, and shall have the authority to carry out the instructions of the person or persons whom the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility reasonably believes to hold the right of disposition.
(c) The funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have no responsibility to verify the identity of the decedent or contact or independently investigate the existence of any person who may have a right of disposition. If there is more than one person in the same priority class pursuant to section 531B-4 and the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility has no knowledge of any objection by other members of the priority class, it may rely on and act according to the instructions of the first person in the priority class to make funeral and disposition arrangements; provided that no other person in the priority class provides written notice to the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility of that person's objections. [L 2013, c 17, pt of §2; am L 2022, c 294, §9]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531B. Disposition of Remains › 531B-9 Authority to direct and control disposition; recovery of reasonable expenses.

§531B-9 Authority to direct and control disposition; recovery of reasonable expenses.
(a) A funeral director or manager of a funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility shall have complete authority to direct and control the final disposition and disposal of a decedent's remains and to proceed under this chapter to recover reasonable charges for the final disposition and disposal if:
(1) The funeral director or manager:
(A) Has no knowledge that any of the persons described in section 531B-4(a)(1) through (a)(10) exist;
(B) Has knowledge that the person or persons who may or do have the right of disposition cannot be found after reasonable inquiry or reasonable attempts to contact; or
(C) Has knowledge that the person or persons who may or do have the right of disposition have lost this right pursuant to section 531B-6; and
(2) The appropriate public authority fails to assume responsibility for disposition of the remains within thirty-six hours after having been given written notice of the decedent's death. Written notice may be given by hand delivery, certified mail, facsimile transmission, or electronic mail transmission.
(b) Disposal of the decedent's remains pursuant to this section shall be by any means that are not prohibited by law. [L 2013, c 17, pt of §2; am L 2022, c 294, §10]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531B. Disposition of Remains › 531B-10 Disposition of unclaimed cremated remains.

§531B-10 Disposition of unclaimed cremated remains.
Whenever any cremated remains have been in the lawful possession of any funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility for sixty or more days, and the person entitled under law to the right of disposition fails, neglects, or refuses to take custody of the cremated remains or direct the disposition, the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility with lawful possession of the cremated remains may dispose of the remains by any manner that is not inconsistent with any law of the State. [L 2013, c 17, pt of §2; am L 2022, c 294, §11]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 531B. Disposition of Remains › 531B-11 Immunity.

§531B-11 Immunity.
No funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility or any of its officers, directors, members, partners, funeral directors, managers, or employees who reasonably rely in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or administrative or disciplinary action for carrying out the disposition of the remains in accordance with the instructions. [L 2013, c 17, pt of §2; am L 2022, c 294, §12]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-1 Issue includes whom.

§532-1 Issue includes whom.
The word "issue," as used in this chapter, includes all the lawful lineal descendants of the ancestor. [CC 1859, §1462; RL 1925, §3304; RL 1935, §4812; RL 1945, §12072; RL 1955, §318-1; HRS §532-1]
Case Notes
Does not include illegitimate child. 20 H. 722 (1911).
Includes adopted child. 26 H. 439 (1922).
"Issue by me begotten" does not include grandchildren. 29 H. 278 (1926).
"Issue" as used in will includes adopted child. 35 H. 104 (1939), aff'd 115 F.2d 956 (1940); 42 H. 640 (1958); 49 H. 273, 414 P.2d 925 (1966); see also 42 H. 129 (1957).
"Keiki" construed as descendant of any generation, according to the context. 47 H. 610, 393 P.2d 753 (1964).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-2 To heirs.

§532-2 To heirs.
Whenever any person dies intestate, his property, both real and personal, of every kind and description, shall descend to and be divided among his heirs, as in this chapter prescribed; provided that upon the death, testate or intestate, of any occupier or lessee of public land, holding under an existing certificate of occupation or an existing nine hundred and ninety-nine year homestead lease, succession to the decedent's interest in such land shall be determined as provided in section 171-99(e). CC 1859, §1447; RL 1925, §3302; RL 1935, §4810; RL 1945, §12070; RL 1955, §318-2; HRS §532-2; am L 1974, c 71, §1
Cross References
Decree of distribution, prima facie proof of descent of title, see §622-43.
Disposition of community property, see §510-10.
Case Notes
Effect of distribution decree.
In absence of statute permitting notice by publication, not binding on parties not served. 6 H. 47 (1871); 10 H. 421 (1896); 19 H. 232, 238 (1908); 22 H. 436 (1915).
As evidence. 30 H. 116 (1927).
Interpretation of word "heirs" as used in wills, deeds, etc.
"Heirs" distinguished from "by way of dower". 10 H. 687 (1897).
Dower estate is not an estate by way of descent. 17 H. 525, 527 (1906).
Class determined at time for distribution. 31 H. 1 (1929); 31 H. 418 (1930); 32 H. 32 (1931), aff'd 61 F.2d 598 (1932); 32 H. 140, 151 (1931).
No estates tail in Hawaii. 12 H. 375 (1900); 20 H. 372 (1911); 21 H. 699 (1913), aff'd 242 U.S. 612 (1916), 23 H. 537, 539 (1916); 23 H. 747 (1917), aff'd 255 F. 732 (1919), cert. denied, 249 U.S. 616 (1919); 24 H. 298, 303 (1918), mod. 25 H. 561 (1920); 31 H. 1, 3 (1929).
Word "heirs" construed as word of purchase. 8 H. 392, 402 (1892); 9 H. 88, 91 (1893); 21 H. 74, 78 (1912); 23 H. 685 (1917); 23 H. 747, 752 (1917), aff'd 255 F. 732 (1919), cert. denied, 249 U.S. 616 (1919).
Word "heirs" not necessary to convey fee. 13 H. 499 (1901); 23 H. 38, 44 (1915), aff'd 242 F. 446 (1917); 24 H. 298, 304 (1918), mod. 25 H. 561 (1920).
Word "heirs" not necessary to devise fee. 6 H. 694 (1888); 14 H. 142 (1902); 22 H. 233, 240 (1914).
Includes adopted child. 42 H. 129 (1957); 42 H. 640 (1958).
No distinction between realty and personalty.
6 H. 8, 14 (1867); 8 H. 392, 404 (1892); 23 H. 685, 691 (1917); 32 H. 140, 144 (1931). Heirs take as tenants in common. 6 H. 8, 14 (1867); 23 H. 685, 691 (1917).
Pedigree evidence.
13 H. 523, 525 (1901); 17 H. 577, 583 (1906). Relationship of declarant must be established by proof independent of declaration. 25 H. 127 (1919); 30 H. 116 (1927); 32 H. 1 (1931).
Presumption against intestacy.
14 H. 378, 382 (1902); 21 H. 556, 565 (1913); 28 H. 590 (1925), rev'd 26 F.2d 609 (1928); 29 H. 359 (1926); 31 H. 259 (1930).
Property subject to inheritance.
Lease descends as chattel interest. 3 H. 763 (1877).
Equitable interest. 22 H. 78 (1914); 23 H. 685 (1917); 25 H. 174 (1919).
Homesteads. 35 H. 550 (1940).
Where devisee of residuary estate predeceased testator. 43 H. 304 (1959), aff'd 282 F.2d 431 (1960).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-3 Actual possession not requisite.

§532-3 Actual possession not requisite.
It shall not be requisite that the intestate shall have been in actual possession of the property; it is sufficient if he had a good claim to it at the time of his death. [CC 1859, §1461; RL 1925, §3303; RL 1935, §4811; RL 1945, §12071; RL 1955, §318-3; HRS §532-3]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-5 From unmarried minor child.

§532-5 From unmarried minor child.
If the intestate dies leaving several children, or leaving one child, and the issue of one or more others, and any surviving child dies under age not having been married, all the estate that came to the deceased child by inheritance from the deceased parent, shall descend in equal shares to the other children of the same parent, and to the issue of any other deceased children, who have died, by right of representation.
If at the death the child who dies under age, not having been married, all the other children of his parent are also dead, and any of them has left issue, the estate that came to the child by inheritance from his parent, shall descend to all the issue of the other children of the same parent; and if all the issue are in the same degree of kindred to the child, they shall share the estate equally; otherwise they shall take according to the right of representation. [CC 1859, § §1449, 1450; RL 1925, §3306; RL 1935, §4814; RL 1945, §12074; RL 1955, §318-5; HRS §532-5]
Case Notes
This section is exception to general rule stated in §532-4. 8 H. 381 (1892). See 19 H. 223, 224 (1908); 20 H. 203, 209 (1910).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-6 To child born to parents not married to each other.

§532-6 To child born to parents not married to each other.
Every child born to parents not married to each other at the time of the child's birth and for whom the parent and child relationship has not been established pursuant to chapter 584 shall be considered as an heir to the child's mother, and shall inherit her estate, in whole or in part, as the case may be, in like manner as if the child had been born in lawful wedlock. [CC 1859, §1452; am L 1874, c 50, §1 (repealed by L 1876, c 9); RL 1925, §3307; RL 1935, §4815; RL 1945, §12075; RL 1955, §318-6; HRS §532-6; am L 1997, c 52, §2]
Cross References
Inheritance of child of illegal marriage, see §580-25.
Case Notes
"Children lawfully begotten" does not include bastard legitimated by marriage. 14 H. 271 (1902).
Illegitimate child is not heir to mother's parent. 20 H. 722 (1911).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-7 From persons born to parents not married to each other.

§532-7 From persons born to parents not married to each other.
If any person born to parents not married to each other dies intestate, without leaving lawful issue, or a spouse, the decedent's estate shall descend to the decedent's mother; but if the decedent leaves a spouse, the spouse shall take one-half, and the decedent's mother the other half, and if the decedent's mother is not living, but the decedent's spouse is, then the spouse shall take one-half, and the remaining half shall go to the decedent's brothers and sisters in equal parts, the children of any deceased brother or sister taking by right of representation. In default of surviving brothers or sisters, or their issue, such one-half shall go to the brothers and sisters of the decedent's mother in equal shares, the issue of any such brother or sister who is deceased, taking by right of representation. In default of any relatives as are in this section mentioned, the half, and the whole in the event that the decedent leaves no spouse, shall go to the decedent's next of kin. No action shall be commenced or prosecuted on behalf of the State to recover or hold any property which but for this section, might have been held to have escheated to the State. [CC 1859, §1453; am L 1874, c 50, §2 (repealed by L 1876, c 9); am L 1909, c 6, §1; RL 1925, §3308; RL 1935, §4816; RL 1945, §12076; RL 1955, §318-7; HRS §532-7; am L 1972, c 108, §2; am L 1997, c 52, §3]
Case Notes
Cited: 4 H. 221, 225 (1879).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-8 Kindred of half blood.

§532-8 Kindred of half blood.
The kindred of the half blood shall inherit equally with those of the whole blood in the same degree; provided that where the inheritance came to the intestate by descent, devise, or gift, of some one of his ancestors, all those who are not of the blood of the ancestor, shall be excluded from such inheritance. [CC 1859, §1454; RL 1925, §3309; RL 1935, §4817; RL 1945, §12077; RL 1955, §318-8; HRS §532-8]
Case Notes
Effect of adjudication of pedigree in subsequent action. 3 H. 546, 551 (1874).
Kindred of half blood as heirs. 6 H. 410 (1883); 9 H. 393 (1894). Cousin of half blood as heir. 6 H. 487 (1884). "Each of my nephews and nieces" includes those of the half blood. 33 H. 299 (1935).
Definitions: "Ancestor" means any one from whom estate was immediately inherited by deceased, including son or wife of deceased. 9 H. 393 (1894); 20 H. 567 (1911). Kindred "of the blood" of an ancestor includes kindred of the half blood. 9 H. 393 (1894). "Gift" from ancestor does not include property transferred from wife to husband through intermediary. 20 H. 567 (1911); 20 H. 653 (1911). Whether "gift" includes other than testamentary gift. See 20 H. 567, 574 (1911).
Ancestral estates: Kindred of half blood of ancestor not excluded. 9 H. 393 (1894). Cousins of the blood of the deceased ancestor inherit in preference to half brother not of blood of ancestor. 13 H. 716 (1901); 15 H. 648 (1904).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-9 Posthumous children.

§532-9 Posthumous children.
Posthumous children shall, in all cases, inherit the same as if they had been born during their father's lifetime. [CC 1859, §1456; RL 1925, §3310; RL 1935, §4818; RL 1945, §12078; RL 1955, §318-9; HRS §532-9]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-10 Advancements; effect of.

§532-10 Advancements; effect of.
If an advancement has been made by an intestate to any of his children by settlement or portion of real or personal estate, or both, the value thereof shall be reckoned for the purposes of this section only, as part of the real and personal estate of the intestate, descendible to his heirs, and to be distributed to his next of kin, according to law.
If the advancement is equal or superior to the amount or share which the child would be entitled to receive, of the real and personal estate of the deceased, as above reckoned, then the child and his descendants shall be excluded from any share in the real and personal estate of the intestate.
If the advancement is not equal to the share, the child and his descendants shall be entitled to receive so much only of the personal estate, and to inherit so much only of the real estate of the intestate, as shall be sufficient to make all the shares of the children, in the real and personal estate and advancement, equal as nearly as can be estimated. [CC 1859, § §1457, 1459; RL 1925, §3311; RL 1935, §4819; RL 1945, §12079; RL 1955, §318-10; HRS §532-10]
Case Notes
Advancement not part of intestate's estate. 10 H. 384, 386 (1896).
Gift of money as advancement on account of legacy. 32 H. 489 (1932), rev'd 70 F.2d 793 (1934).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-11 Advancement; valuation of.

§532-11 Advancement; valuation of.
The value of any real or personal estate so advanced, shall be deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise, the value shall be estimated according to the worth of the property when given. [CC 1859, §1459; RL 1925, §3312; RL 1935, §4820; RL 1945, §12080; RL 1955, §318-11; HRS §532-11]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-12 What not advancements.

§532-12 What not advancements.
The maintaining or educating, or the giving money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement. [CC 1859, §1460; RL 1925, §3313; RL 1935, §4821; RL 1945, §12081; RL 1955, §318-12; HRS §532-12]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-13 Procedure if partition undesirable.

§532-13 Procedure if partition undesirable.
When any part of the property left by the intestate consists of real estate, and the same is to be divided among several children, and in the opinion of the probate court it is desirable that the real estate or any particular piece thereof be not divided, then the eldest son, and in succession of age after him the other sons, or if he or they renounce or decline the privilege, then the daughters in like succession may, after the property or piece of property has been duly appraised by a court of probate, elect to pay to the others the amount of their shares in money, in order that the land may not be divided. The same rule shall apply where a part of the claimants are children, and the rest are issue of deceased children of the intestate. [CC 1859, §1455; am L 1878, c 1; RL 1925, §3314; RL 1935, §4822; RL 1945, §12082; RL 1955, §318-13; HRS §532-13]
Case Notes
Cited: 3 H. 546, 553 (1874).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 532. Descent of Property › 532-14 Disposition by State.

§532-14 Disposition by State.
If the intestate leaves no kindred, the intestate's estate shall be disposed of as provided in chapter 523A. [CC 1859, §1451; RL 1925, §3315; RL 1935, §4823; RL 1945, §12083; RL 1955, §318-14; HRS §532-14; am L 1974, c 75, §6; am L 1985, c 68, §25]
Case Notes
"Kindred", meaning of. 4 H. 221, 225 (1879).
Cited: 3 H. 262, 268 (1871); 20 H. 114, 116 (1910).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-2 Election in case of exchanged lands.

§533-2 Election in case of exchanged lands.
If a husband seised of lands in fee simple, in freehold, or in leasehold, exchanges them for other such lands, his widow shall not have dower to both, but shall make her election to be endowed of the lands given, or of those taken in exchange, within six months after the death of her husband. If the election is not made, she shall take her dower of the lands received in exchange. [CC 1859, §1300; RL 1925, §3018; RL 1935, §4831; am L 1939, c 33, §2; RL 1945, §12101; RL 1955, §319-2; HRS §533-2; am L 1970, c 31, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-3 In lands mortgaged before marriage.

§533-3 In lands mortgaged before marriage.
Where any person seised of lands, as aforesaid, has executed a mortgage of the lands before marriage, the widow shall, nevertheless, be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him. [CC 1859, §1301; RL 1925, §3019; RL 1935, §4832; RL 1945, §12102; RL 1955, §319-3; HRS §533-3]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-4 Not in lands mortgaged for purchase money during coverture as against mortgagee.

§533-4 Not in lands mortgaged for purchase money during coverture as against mortgagee.
When a husband purchases lands during coverture, and at the same time mortgages his estate in the lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of the lands, as against the mortgagee or those claiming under him, although she has not united in the mortgage, but she shall be entitled to her dower as against all other persons. [CC 1859, §1302; RL 1925, §3020; RL 1935, §4833; RL 1945, §12103; RL 1955, §319-4; HRS §533-4]
Case Notes
See 16 H. 489, 495 (1905).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-5 In surplus after purchase-money mortgage paid.

§533-5 In surplus after purchase-money mortgage paid.
Where in such case the mortgagee, or those claiming under him, after the death of her husband, causes the land mortgaged to be sold, and any surplus remains, after the payment of the moneys due on the mortgage, and the costs and charges of the sale, the widow shall be entitled to the interest or income of the one-third part of the surplus, for her life, as her dower. [CC 1859, §1303; RL 1925, §3021; RL 1935, §4834; RL 1945, §12104; RL 1955, §319-5; HRS §533-5]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-6 Not in lands held by husband as mortgagee.

§533-6 Not in lands held by husband as mortgagee.
A widow shall not be endowed of lands conveyed to her husband by way of mortgage, unless he acquired an absolute estate therein during marriage. [CC 1859, §1304; RL 1925, §3022; RL 1935, §4835; RL 1945, §12105; RL 1955, §319-6; HRS §533-6]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-7 Widow's right to occupy lands while dower unassigned.

§533-7 Widow's right to occupy lands while dower unassigned.
When a widow is entitled to dower in the lands of which her husband died seised, she may continue to occupy the same, with the children or other heirs of the deceased, or to receive one-third part of the rents, issues, and profits thereof, so long as the heirs do not object thereto, without having her dower assigned. [CC 1859, §1305; RL 1925, §3023; RL 1935, §4836; RL 1945, §12106; RL 1955, §319-7; HRS §533-7]
Case Notes
Before enactment of this section no right of occupancy before dower assigned, and where widow occupied her possession might be adverse. 4 H. 536, 538 (1882); 11 H. 755 (1899).
Right of occupancy as including right to plant crops, see 5 H. 182 (1884).
Heir who objects to widow's occupancy under this section may bring ejectment. 17 H. 525, 527 (1906).
Effect of this section on doctrine that dowress not a tenant in common, see 21 H. 431, 434 (1913); compare 15 H. 284, 286 (1903).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-8 Widow's right to remain in husband's house.

§533-8 Widow's right to remain in husband's house.
A widow may remain in the house of her husband sixty days after his death, without being chargeable with rent therefor. In the meantime she shall have her reasonable sustenance out of his estate. [CC 1859, §1306; RL 1925, §3024; RL 1935, §4837; RL 1945, §12107; RL 1955, §319-8; HRS §533-8]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-9 Barred by divorce or misconduct.

§533-9 Barred by divorce or misconduct.
In case of divorce dissolving the marriage contract, the wife shall not be endowed.
No wife who has for one year or upwards, previous to the death of her husband, wilfully and utterly deserted her husband, shall be endowed or be entitled by way of dower to any property owned by him at the date of his death. [CC 1859, §1307; RL 1925, §3025; RL 1935, §4838; RL 1945, §12108; am L 1945, c 212, §1; RL 1955, §319-9; HRS §533-9]
Case Notes
Divorce cuts off dower though obtained by wife for misconduct of husband. 12 H. 265 (1899).
Though appeal from divorce decree pending at time of death, no dower. 35 H. 440 (1940).
"Wilful and utter desertion," establishment of. 61 H. 236, 602 P.2d 521 (1979).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-10 Barred by deed.

§
533-10 Barred by deed.
A woman may bar her right of dower, in any land conveyed by her husband, by joining with him in the deed conveying the same, and therein releasing her claim to dower, or by a separate deed releasing the same, made at the time of the conveyance by her husband, or subsequently; or she may delegate to an attorney in fact other than her husband, the power to execute such release, either by general or special power of attorney, and her execution and acknowledgment of the power of attorney may be in the same manner as if she were sole; or by agreement made in contemplation of divorce or judicial separation as provided by section 572-22.
No release of dower duly executed by the attorney in fact of any married woman prior to April 18, 1898, shall be invalid or inoperative merely by reason of its not having been executed by the married woman in person. [CC 1859, §1308; am L 1898, c 13, § §1-2; RL 1925, §3026; RL 1935, §4839; am L 1939, c 33, §3; RL 1945, §12109; RL 1955, §319-10; HRS §533-10]
Revision Note
Section "572-22" substituted for "573-2".
Case Notes
See 6 H. 72 (single justice) (1872).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-11 Barred by jointure before marriage.

§533-11 Barred by jointure before marriage.
A woman may also be barred of her dower in the lands of her husband, by a jointure settled on her with her assent before her marriage; provided the jointure consists of an estate in lands, for the life of the wife at least, to take effect immediately on the death of her husband; her assent to the jointure being expressed, if she is of full age, by her becoming a party to the conveyance by which it is settled, and if she is under age, by her joining with her father or guardian in the conveyance. [CC 1859, §1309; RL 1925, §3027; RL 1935, §4840; RL 1945, §12110; RL 1955, §319-11; HRS §533-11]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-12 Barred by pecuniary provision before marriage.

§533-12 Barred by pecuniary provision before marriage.
Any pecuniary provision that is made for the benefit of an intended wife, and in lieu of her dower, shall, if assented to as provided in section 533-11, bar her right of dower in all the lands of her husband. [CC 1859, §1310; RL 1925, §3028; RL 1935, §4841; RL 1945, §12111; RL 1955, §319-12; HRS §533-12]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-13 Election between dower and jointure or pecuniary provision, when.

§533-13 Election between dower and jointure or pecuniary provision, when.
If any jointure or pecuniary provision in lieu of dower is made before the marriage and without the assent of the intended wife, or if it is made after marriage, it shall bar her dower, unless within six months after receiving notice of the death of her husband, and of the jointure or pecuniary provision, she makes her election to waive the jointure or provision, and to be endowed of the lands of her husband. [CC 1859, §1311; RL 1925, §3029; RL 1935, §4842; RL 1945, §12112; RL 1955, §319-13; HRS §533-13]
Case Notes
See 6 H. 72, 85 (single justice) (1872).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-16 Curtesy; election between curtesy and will.

§533-16 Curtesy; election between curtesy and will.
In case the wife dies first and intestate, then except as in this section provided, her property shall immediately descend to her heirs, but shall be in all cases, whether she die testate or intestate, subject to a life interest in the husband in one-third of the wife's lands owned by her in fee simple, in freehold, or in leasehold, at the date of her death. The husband shall also, whether the wife die testate or intestate, be entitled, by way of curtesy to an absolute property in the one-third part of it all the wife's remaining property owned by her at the date of her death, after the payment of all her just debts. During the life of the wife the husband shall have no curtesy right inchoate or otherwise in the wife's property. If any provisions are made for the widower in the will of his wife, he shall be subject to the same requirements with respect to election between his curtesy and the provisions of the will, or taking under both, as is a widow in similar circumstances under sections 560:2-205 to 560:2-207.
No husband who has, for one year or upwards, previous to the death of his wife, wilfully and utterly deserted his wife, or wilfully neglected or refused to provide suitable maintenance for his wife, shall be entitled to any right or interest in his wife's property by way of curtesy.
The interests to which the husband is entitled in accordance with this section in the wife's real and personal property shall not apply to, and nothing in this section shall be deemed to give the husband any interest in, the wife's interest in community property, real or personal. [L 1888, c 11, §7; RL 1925, §3000; am L 1933, c 68, §1; RL 1935, §4845; am L 1939, c 33, §4; RL 1945, §12115; am L 1945, c 212, §2 and c 273, §4; RL 1955, §319-16; HRS §533-16; am L 1970, c 31, pt of §1; am L 1987, c 283, §50]
Note
Sections 560:2-205 to 560:2-207 referred to in text are repealed.
Cross References
Community property, see chapter 510.
Case Notes
Husband takes curtesy though marriage was voidable because the wife was under legal age. 6 H. 289 (single justice) (1881).
No curtesy in property in which wife prior to marriage had reserved power of appointment, subsequently exercised in favor of son. 35 H. 59 (1939).
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 533. Dower and Curtesy › 533-17 Standard of values; dower, etc.

§533-17 Standard of values; dower, etc.
Whenever it becomes expedient or necessary to determine the value of any right of dower or any other life estate or interest in any property, in any proceeding for partition or for the admeasurement of dower, or wherein the value of any estate is required to be provided for out of the proceeds of sale of the property subject thereto, the value thereof shall be determined by the rule, method, and the standards of mortality and of value that are set forth in the standard annuity tables of mortality for ascertaining the value of policies of life insurance and annuities, using five per cent a year as the rate of interest in connection therewith.
When the dower in real estate cannot be set apart without great injury to the owners, the court may ascertain the value of the dower in money, and order the same to be paid on such terms as shall be just and reasonable. [L 1929, c 19, §1; RL 1935, §4846; RL 1945, §12116; RL 1955, §319-17; am L 1957, c 26, §1; HRS §533-17; am L 1972, c 108, §3; am L 1976, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 535. Specific Performance of Decedent's Contracts to Convey Real Estate › 535-1 Specific performance of decedent's contracts to convey real estate.

§535-1 Specific performance of decedent's contracts to convey real estate.
When any person, who is bound by a contract in writing to convey any real estate, dies before making the conveyance, the other party may commence an action in a circuit court to enforce a specific performance of the contract, the action to be commenced within one year after the grant of administration. [CC 1859, §1057; RL 1925, §2862; RL 1935, §4760; RL 1945, §12151; RL 1955, §321-1; HRS §535-1; am L 1972, c 108, §4(a); am L 1976, c 200, pt of §1; am L 1977, c 144, §61]
Case Notes
Where decedent contracted in writing, specific performance suit may be brought against executor alone. 23 H. 208 (1916).
Memorandum sufficient to satisfy statute of frauds not "contract in writing". 45 H. 1, 361 P.2d 374 (1961).
Where no contract in writing this chapter inapplicable and executor or administrator without power to act as sole representative of legal title in specific performance suit relating to real property. 45 H. 1, 13, 361 P.2d 374 (1961); 49 H. 409, 410, 420 P.2d 93 (1966); see 44 H. 464, 474, 355 P.2d 25 (1960). Compare 43 H. 241 (1959), relating to pending litigation over title to real estate.
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-1 Definitions.

§539-1 Definitions.
In this chapter, unless the context otherwise requires:
"Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
"Devisee" means any person designated in a will to receive a disposition of real or personal property.
"Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
"Person" means an individual, a corporation, an organization, or other legal entity.
"Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
"Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
"Register", including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
"Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
"Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
"Security account" means:
(1) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or
(2) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
"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. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-2 Registration in beneficiary form; sole or joint tenancy ownership.

§539-2 Registration in beneficiary form; sole or joint tenancy ownership.
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-3 Registration in beneficiary form; applicable law.

§539-3 Registration in beneficiary form; applicable law.
A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-4 Origination of registration in beneficiary form.

§539-4 Origination of registration in beneficiary form.
A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-5 Form of registration in beneficiary form.

§539-5 Form of registration in beneficiary form.
Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-6 Effect of registration in beneficiary form.

§539-6 Effect of registration in beneficiary form.
The designation of a transfer-on-death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-7 Ownership on death of owner.

§539-7 Ownership on death of owner.
On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-8 Protection of registering entity.

§539-8 Protection of registering entity.
(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.
(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this chapter.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with section 539-7 and does so in good faith reliance (1) on the registration, (2) on this chapter, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter.
(d) The protection provided by this chapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-9 Nontestamentary transfer on death.

§539-9 Nontestamentary transfer on death.
(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary.
(b) This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this State. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-10 Terms, conditions, and forms for registration.

§539-10 Terms, conditions, and forms for registration.
(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered transfer-on-death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters "LDPS", standing for "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.;
(2) Multiple owners-sole beneficiary: John S. Brown Mary B
.
Brown JT TEN TOD John S. Brown Jr.;
(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS. [L 1998, c 63, pt of §1]
Cross References
Representation; per capita at each generation; per stirpes, see §560:2-709.
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-11 Short title; rules of construction.

§539-11 Short title; rules of construction.
(a) This chapter shall be known as and may be cited as the Uniform TOD Security Registration Act.
(b) This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter among states enacting it.
(c) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. [L 1998, c 63, pt of §1]
2023 Hawaii Revised Statutes › Title 29. Decedents' Estates › 539. Uniform Transfer-on-Death (TOD) Security Registration Act › 539-12 Application of chapter.

§539-12 Application of chapter.
This chapter applies to registrations of securities in beneficiary form made before or after April 29, 1998, by decedents dying on or after April 29, 1998. [L 1998, c 63, pt of §1]
Revision Note
"April 29, 1998" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-1 Jurisdiction.

§551-1 Jurisdiction.
Family courts shall have exclusive jurisdiction to appoint guardians for minors, and circuit courts shall have exclusive jurisdiction to appoint conservators for both adults and minors. The family and circuit courts shall have concurrent jurisdiction over guardianships for incapacitated adults. Either a guardian or conservator, or both, may be appointed. [CC 1859, §1343; am L 1903, c 16, §1; RL 1925, §3064; am L 1925, c 42, §1; RL 1935, §4850; RL 1945, §12500; RL 1955, §338-1; HRS §551-1; am L 1972, c 145, §1(e); am L 1976, c 200, pt of §1; am L 2004, c 161, §16]
Cross References
Jurisdiction to appoint guardian: Minors, see §571-11; adults, see §571-14.
Jurisdiction of circuit court, see § §603-21.6, 603-36.
Case Notes
Powers, inherent powers of a court of chancery. See 13 H. 257, 262 (1901); 26 H. 337, 340-41 (1922).
Jurisdiction at chambers. See 16 H. 13, 15 (1904); 16 H. 242 (1904), aff'd 197 U.S. 348 (1905); 16 H. 412 (1905).
Under this section, even before family court constituted, court could appoint guardian of person or estate without appointing both, whether for a minor, insane person or spendthrift. 34 H. 935, 941 (1939).