Haw. Rev. Stat. § 554D-105

Current through the 2024 Legislative Session
Section 554D-105 - Default and mandatory rules
(a) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this chapter except:
(1) The requirements for creating a trust;
(2) The duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;
(3) The requirement that a trust and its terms be for the benefit of its beneficiaries as their interests are defined by the terms of the trust and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;
(4) The power of the court to modify or terminate a trust under sections -410 through -416;
(5) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in part V;
(6) The power of the court under section -702 to require, dispense with, or modify or terminate a bond;
(7) The power of the court under section -708(b) to adjust a trustee's compensation, specified in the terms of the trust, that is unreasonably low or high;
(8) The duty under section -813(c)(2) and (3) to notify qualified beneficiaries of an irrevocable trust of the existence of the trust, of the identity of the trustee, and of their right to request trustee reports;
(9) The duty under section -813(b) to respond to the request of a qualified beneficiary of an irrevocable trust for trustee reports and other information reasonably related to the administration of a trust;
(10) The effect of an exculpatory term under section -1008;
(11) The rights under sections -1010 through -1013 of a person other than a trustee or beneficiary;
(12) Periods of limitation for commencing a judicial proceeding;
(13) The power of the court to take action and exercise jurisdiction as may be necessary in the interests of justice; and
(14) The subject matter jurisdiction of the court and venue for commencing a proceeding, as provided in sections -203 and -204.

HRS § 554D-105

Added by L 2021, c 32,§ 2, eff. 1/1/2022.