Haw. Rev. Stat. § 554D-506
Overdue distribution
Hawaii · Hawaii Revised Statutes Chapter 554D · Status: effective
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- Citation
- Haw. Rev. Stat. § 554D-506, Overdue distribution, Hawaii, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2428313
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Full text
(a) Regardless of whether a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
(b) As used in this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. "Mandatory distribution" does not include a distribution subject to the exercise of the trustee's discretion even if:
(1) The discretion is expressed in the form of a standard of distribution; or
(2) The terms of the trust authorizing a distribution couple language of discretion with language of direction.