Trust Beneficiary Lawsuits
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Trust Beneficiary Lawsuits

| Jan 7, 2021 | Firm News |

In Hawaii, a beneficiary of a trust may file a lawsuit in Probate Court to:

(1) Appoint or remove a trustee;
(2) Review trustees’ fees and to review and settle interim or final accounts;
(3) Ascertain beneficiaries
(4) Release registration of a trust; and
(5) Request payment of distributions by the trustee.

Any claim against a trustee for breach of trust is barred as to any beneficiary who has received a final account or other statement fully disclosing the matter and showing termination of the trust relationship between the trustee and the beneficiary unless a proceeding to assert the claim is commenced within 2 years after receipt of the final account or statement. In any event and notwithstanding lack of full disclosure a trustee who has issued a final account or statement received by the beneficiary and has informed the beneficiary of the location and availability of records for the beneficiary’s examination is protected after three years. A beneficiary is deemed to have received a final account or statement if accorded notice pursuant to section 560:1-401.