Report Title:

Probate Code; persons not deemed surviving spouse/reciprocal beneficiary

Description:

Allows court to exclude individuals from definition of surviving spouse or reciprocal beneficiary for reasons of equity.

HOUSE OF REPRESENTATIVES

H.B. NO.

1582

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to intestate succession and wills.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that, under Hawaii's current probate law, a surviving spouse or reciprocal beneficiary is entitled to a share of a decedent's estate unless there is a divorce decree or annulment, regardless of the circumstances of the relationship of the parties. Therefore, if a divorce proceeding has been initiated but not completed at the time of decedent's death, or if the surviving spouse abused or abandoned the decedent but a divorce had not yet been obtained at the time of death, the surviving spouse is entitled to a share of the estate. The legislature believes that, when spouses or reciprocal beneficiaries have terminated the relationship and have no intention of resuming it, survivors should not be treated as surviving spouses or reciprocal beneficiaries, even if there is no valid court decree. The legislature believes that justice, as well as the wishes of many decedents, would be better served if courts were allowed to consider evidence in equity regarding whether an individual should be treated as a surviving spouse or reciprocal beneficiary.

The purpose of this Act is to amend the probate code to exclude from the definition of surviving spouse or reciprocal beneficiary individuals who for reasons of equity should not be considered a surviving spouse or reciprocal beneficiary.

SECTION 2. Section 560:2-802, Hawaii Revised Statutes, is amended to read as follows:

"§560:2-802 Effect of divorce, annulment, decree of separation, and termination of reciprocal beneficiary relationship. (a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section. An individual who has terminated a reciprocal beneficiary relationship with the decedent is not deemed a surviving reciprocal beneficiary unless, by virtue of a subsequent registration as a reciprocal beneficiary, the individual is the reciprocal beneficiary of the decedent at the time of death.

(b) For purposes of parts 1, 2, 3, and 4 of this article, and of section 560:3-203, a surviving spouse or reciprocal beneficiary does not include:

(1) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this State, unless subsequently they participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife;

(2) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual;

(3) An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights; [or]

(4) An individual who does not have a certificate of reciprocal beneficiary relationship declaring the decedent as their reciprocal beneficiary or the relationship has been terminated under chapter 572C or otherwise[.]; or

(5) An individual who the court determines should not be considered a surviving spouse or reciprocal beneficiary of the decedent for reasons of equity, including but not limited to abandonment of the decedent by the individual prior to the time of death."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________