§560:3-713 - Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions. - Hawaii Statutes

     §560:3-713  Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.  Any sale or encumbrance to the personal representative, the personal representative's spouse or reciprocal beneficiary, agent, or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:

     (1)  The will or a contract entered into by the decedent expressly authorized the transaction; or

     (2)  The transaction is approved by the court after notice to interested persons. [L 1996, c 288, pt of §1; am L 1997, c 383, §19]