[527‑11] Revocation by instrument authorized; revocation by act not permitted. (a) Subject to subsection (b), an instrument is effective to revoke all or any part of a recorded or filed transfer on death deed only if the instrument is acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and is recorded in the bureau of conveyances or filed in the office of the assistant registrar of the land court, as applicable, before the transferor's death and is:

(1) A subsequently recorded or filed transfer on death deed that revokes all or a part of the recorded or filed transfer on death deed either expressly or because of inconsistency;

(2) An instrument of revocation that expressly revokes all or a part of the recorded or filed transfer on death deed; or

(3) An inter vivos deed that expressly revokes all or a part of the transfer on death deed.

(b) If a transfer on death deed is executed by more than one transferor:

(1) Revocation by one transferor does not affect the deed as to the interest of another transferor; and

(2) A deed executed by joint owners is revoked only if it is revoked by all living joint owners.

(c) After a transfer on death deed is recorded or filed, as applicable, it may not be revoked by a revocatory act on the deed. For purposes of this subsection, "revocatory act" includes burning, tearing, canceling, obliterating, or destroying the transfer on death deed or any part of it.

(d) This section shall not limit the effect of an inter vivos transfer of the subject property. [L 2011, c 173, pt of 1]

 

Law Journals and Reviews

 

The Hawai`i Uniform Real Property Transfer on Death Act--Another Tool in the Estate Planner's Arsenal. 15 HBJ, no. 13, at 43 (2013).

 

 

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