532-10 Advancements; effect of. If an advancement has been made by an intestate to any of his children by settlement or portion of real or personal estate, or both, the value thereof shall be reckoned for the purposes of this section only, as part of the real and personal estate of the intestate, descendible to his heirs, and to be distributed to his next of kin, according to law.

If the advancement is equal or superior to the amount or share which the child would be entitled to receive, of the real and personal estate of the deceased, as above reckoned, then the child and his descendants shall be excluded from any share in the real and personal estate of the intestate.

If the advancement is not equal to the share, the child and his descendants shall be entitled to receive so much only of the personal estate, and to inherit so much only of the real estate of the intestate, as shall be sufficient to make all the shares of the children, in the real and personal estate and advancement, equal as nearly as can be estimated. [CC 1859, 1457, 1459; RL 1925, 3311; RL 1935, 4819; RL 1945, 12079; RL 1955, 318-10; HRS 532-10]

 

Case Notes

 

Advancement not part of intestate's estate. 10 H. 384, 386 (1896).

Gift of money as advancement on account of legacy. 32 H. 489 (1932), rev'd 70 F.2d 793 (1934).

 

 

Previous Vol12_Ch0501-0588 Next