Haw. Rev. Stat. § 560:3-720

Current through Chapter 253 of the 2024 Legislative Session
Section 560:3-720 - Expenses in estate litigation

If any personal representative or person nominated as personal representative, or an heir or beneficiary if a personal representative or person nominated as a personal representative refuses to act, defends or prosecutes any proceeding regarding the validity of a will in good faith, whether successful or not, that person shall be entitled to receive from the estate reasonable costs, expenses, and disbursements, including reasonable attorneys' fees , regardless of whether counsel has been retained on a contingency fee basis.

HRS § 560:3-720

Amended by L 2023, c 158,§ 40, eff. 6/29/2023.
L 1996, c 288, pt of §1

A finding of undue influence on the part of the personal representative, who was also the proponent of the rejected will, precludes a finding that he or she defended or prosecuted the will contest in good faith; personal representative's request for attorneys' fees and expenses under this section thus denied. 91 H. 107, 979 P.2d 1133.