HOUSE OF REPRESENTATIVES

H.B. NO.

1478

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to limitation of actions.

 

 

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

 


     SECTION 1.  Chapter 657, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§657-     Fraud or undue influence; wills, estate plans, or trusts.  All actions to challenge or contest a will, estate plan, or trust where:

     (1)  It is alleged that the testator, principal, or property owner who established the will, estate plan, or trust amended the provisions of the will, estate plan, or trust as a result of fraud or undue influence by:

         (A)  The beneficiary or beneficiaries of the amendments; or

         (B)  Persons acting as agents of the parties in subparagraph (A); and

     (2)  The action is commenced by persons designated as beneficiaries of the will, estate plan, or trust prior to the amendments;

shall be brought within nine years after the cause of action accrued or within six years after discovery of the fraud or undue influence, whichever period is longer."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Limitation of Actions; Wills, Estate Plans, and Trusts; Fraud or Undue Influence

 

Description:

Provides that an action to challenge or contest a will, estate plan, or trust, shall be commenced within 9 years if it is alleged that the testator, principal, or property owner who established the will, estate plan, or trust was the victim of fraud or undue influence.

 

 

 

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