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Current as of January 01, 2025 | Updated by Findlaw Staff
(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 554D-410 through 554D-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 554D-702 to require, dispense with, or modify or terminate a bond;
(7) The power of the court under section 554D-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 554D-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 554D-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 554D-1008;
(11) The rights under sections 554D-1010 through 554D-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 554D-203 and 554D-204.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 3. Property; Family § 554D-105 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-554d-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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