§560:7-205 - Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. - Hawaii Statutes

     §560:7-205  Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.  On petition of an interested person, after notice to all interested persons, the court may review the propriety of employment of any person by a trustee including any attorney, auditor, investment advisor or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, the reasonableness of the determination of trust estate value or income made by the trustee for the purpose of computing the fee allowed by sections 607-18 and 607-20, and the reasonableness of any additional compensation for special services under sections 607-18 and 607-20.  Any person who has received excessive compensation from a trust may be ordered to make appropriate refunds. [L 1976, c 200, pt of §1]

 

Law Journals and Reviews

 

  Trustee Fees Under the Hawaii Probate Code:  Can the Court Approve Trustee Fee Schedules?  10 HBJ No. 13, at pg. 121.

 

Case Notes

 

  Based on the plain language of and legislative history underlying this section, courts may review the reasonableness of a trustee's determination as to what constitutes "income"; trustee's determination that property tax payments were "income" was reasonable.  104 H. 267, 88 P.3d 202.