§560:7-101 - Duty to register trusts. - Hawaii Statutes

ARTICLE VII

TRUST ADMINISTRATION

 

Cross References

 

  Effect and transition of L 1996, c 288 amendments, see §560:8-201.

 

Rules of Court

 

  Trust proceedings generally, see Hawaii Probate Rules, part D.

 

PART 1.  TRUST REGISTRATION

 

     §560:7-101  Duty to register trusts.  The trustee of a trust having its principal place of administration in this State who is required to register the trust under section 560:1-108 shall register the trust in the court in the judicial circuit either of the principal place of administration of the trust, or, in the case of a trust relating only to land, of the place where the land is located.  Unless otherwise designated in the trust instrument, the principal place of administration of a trust is the trustee's usual place of business where the records pertaining to the trust are kept, or at the trustee's residence if the trustee has no such place of business.  In the case of co‑trustees, the principal place of administration, if not otherwise designated in the trust instrument, is (1) the usual place of business of the corporate trustee if there is but one corporate co‑trustee, or (2) the usual place of business or residence of the individual trustee who is a professional fiduciary if there is but one such person and no corporate co‑trustee, and otherwise (3) the usual place of business or residence of any of the co‑trustees as agreed upon by them.  The duty to register under this part does not apply to the trustee of a trust if registration would be inconsistent with the retained jurisdiction of a foreign court from which the trustee cannot obtain release. [L 1976, c 200, pt of §1; am L 1977, c 144, §53; gen ch 1985]

 

Cross References

 

  Land trusts, see chapter 558.