Further Guidance on the Changes and Implications
In a previous ke kumu article, we introduced
the newly adopted Hawaiʻi Uniform Trust Code
("UTC"), which went into effect
on January 1, 2022. In that article, we highlighted some of the
important changes to trust law in Hawaiʻi following the
UTC's enactment.
A link to our previous article is here.
This article is a continuation of the UTC
discussion—highlighting further changes to trust law in
Hawaiʻi and explaining the implications of these changes on
settlors, beneficiaries, trustees, and attorneys.
As explained in our previous article, the UTC is primarily a
default statute, meaning that—except for certain UTC
provisions—the terms of a trust override the UTC provisions.
But where the trust is silent or fails to sufficiently address an
issue, the UTC can provide guidance and procedures on that
issue.
