(a) Except as otherwise provided in this chapter, on the effective date of this chapter:

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Terms Used In Hawaii Revised Statutes 554D-1104

  • Court: means the circuit court in this State having jurisdiction over all subject matter relating to trusts. See Hawaii Revised Statutes 554D-103
  • Statute: A law passed by a legislature.
(1) This chapter applies to all trusts created before, on, or after its effective date;
(2) This chapter applies to all judicial proceedings concerning trusts commenced on or after its effective date;
(3) This chapter applies to judicial proceedings concerning trusts commenced before its effective date unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter shall not apply and the superseded law applies;
(4) Any rule of construction or presumption provided in this chapter applies to trust instruments executed before the effective date of the chapter unless there is a clear indication of a contrary intent in the terms of the trust; and
(5) An act done before the effective date of the chapter is not affected by this chapter.
(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the chapter, that statute continues to apply to the right even if it has been repealed or superseded.”

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