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Your rights as the beneficiary of an estate plan in Hawaii As a beneficiary in Hawaii, you have several rights. At the most basic level, you are entitled to receive information about the estate and its administration. You also have a right to an accounting of the estate's assets, debts, and distributions.
Here are grounds upon which you can contest a trust in Hawaii. Lack of testamentary capacity ? This happens when the grantor does not have the mental competence to execute the trust, such as when they are suffering from dementia. Forgery ? A living trust can also be contested if it is established that it was forged.
§ ?404 Trust purposes. A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms shall be for the benefit of its beneficiaries, subject to the provisions of the trust. § ?405 Charitable purposes; enforcement.
There are three certainties which must exist for trust to be recognized: certainty of intention, certainty of subject-matter, and certainty of objects. In the construction of wills the judiciary sometimes has to determine whether the testator intended to create a trust.
A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms shall be for the benefit of its beneficiaries, subject to the provisions of the trust.