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Haw. Rev. Stat. § 441-40

Application of principal and income; responsibility of trustee

Hawaii · Hawaii Revised Statutes Chapter 441 — Cemetery and Funeral Trusts · Status: effective

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Haw. Rev. Stat. § 441-40, Application of principal and income; responsibility of trustee, Hawaii, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2425158
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(a) The trustee shall be held responsible for all payments received for deposit in the perpetual care fund and pre-need trust. The trustee shall not withdraw money from the income of the perpetual care fund unless the cemetery authority submits a certified statement that withdrawals shall be used for the perpetual care of the cemetery, including reasonable administrative expenses incurred in connection with operating a perpetual care cemetery. Further, the trustee shall not withdraw money from the principal of the pre-need trust unless the cemetery or pre-need funeral authority submits a certified statement that the person entitled to the pre-need services or the assignee has received the services or that the purchaser has requested a refund of moneys. (b) For the purposes of asset management and safekeeping of the funds, the trustee shall have the authority to inquire into the propriety of expenditures made by a cemetery and pre-need funeral authority in connection with the operation of the authority's business. (c) The cemetery and pre-need funeral authority shall provide the trustee with the findings of the annual audit and actuarial study, which shall serve as guidelines in the management and safekeeping of the funds.