Haw. Rev. Stat. § 558-1
Title
This chapter shall be known and may be cited as the Land Trust Act.
Hawaii Revised Statutes Chapter 558
Hawaii · statute · Haw. Rev. Stat. ch. 558 · 8 active provisions
Haw. Rev. Stat. § 558-2
Purpose
The purpose of this chapter is to authorize those trusts which incorporate it by reference to convey legal and equitable title to real estate in trust to a qualified trustee; to define the nature and extent of the beneficiaries' interest in the trust property; to define the obligations of persons dealing with the trust…
Haw. Rev. Stat. § 558-3
Definitions
As used in this chapter, unless the context otherwise requires: "Recorded instrument" means any conveyance, deed, mortgage, lease assignment, or other instrument relating to this chapter and duly executed and recorded with the bureau of conveyances or the land court of the State.
Haw. Rev. Stat. § 558-4
Creation of trust, powers of trustee
Any recorded instrument transferring any interest in real property in this State, including but not limited to, leasehold and mortgagee's interests, to any person, corporation, bank, or trust company, qualified to act as a trustee in this State, whether or not reference is made in such recorded instrument to any separa…
Haw. Rev. Stat. § 558-5
Inquiry into authority of trustee
Any grantee, mortgagee, lessee, transferee, assignee, or person obtaining satisfaction, releases, or otherwise in any way dealing with the trustee with respect to the real property held in trust under the recorded instrument, may but shall not be obligated to inquire into the identification or status of any named or un…
Haw. Rev. Stat. § 558-6
Conveyance by trustee
Any person dealing with the trustee under the recorded instrument shall take any interest transferred by the trustee free and clear of the claims of all the beneficiaries of the trust, and of any unrecorded separate declarations or agreements collateral to the recorded instrument whether referred to in the recorded ins…
Haw. Rev. Stat. § 558-7
Personal property
In all cases where the recorded instrument contains a provision defining and declaring the interest of beneficiaries to be personal property only, the provision shall be controlling for all purposes where the determination becomes an issue under the laws or in the courts of this State. If no personal property designati…
Haw. Rev. Stat. § 558-8
Disclosure of beneficiaries
(a) Any trust created hereunder shall be invalid unless the recorded conveyance document transferring title to the trustee discloses the name and pro rata interest of each beneficiary of such trust. (b) Upon service of a complaint, or similar pleading, in federal or state court to which the trustee is required to respo…