Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 526
Hawaii Revised Statutes

Haw. Rev. Stat. § 526-5 (2025)

]  Power to disclaim; general requirements; when irrevocable

✓ laws through the 2025 session: the 2026 session is not included
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     [§526-5]  Power to disclaim; general requirements; when irrevocable.  (a)  A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment.  A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

     (b)  Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity.  A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

     (c)  To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in section 526-12.  In this subsection, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

     (d)  A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.

     (e)  A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 526-12 or when it becomes effective as provided in sections 526-6 through 526-11, whichever occurs later.

     (f)  A disclaimer made under this chapter is not a transfer, assignment, or release. [L 2000, c 43, pt of §1]

 

 

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: In re Trust Agreement of Karl Krieg, 590 P.3d 350 (Haw. App. 2026).
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In re Trust Agreement of Karl Krieg, 590 P.3d 350 (Haw. App. 2026). · cites it 6× “Moreover, the probate court correctly determined that Eric did not disclaim his interests in Marguerite's Trust assets pursuant to Hawaii Revised Statutes (HRS) § 526-5 (2018). Alexander produced evidence that Eric made the following statements with regard to inheritance:…”
Haw. Rev. Stat. § 526-5(c): 1 case
In re Trust Agreement of Karl Krieg, 590 P.3d 350 (Haw. App. 2026). “Moreover, the probate court correctly determined that Eric did not disclaim his interests in Marguerite's Trust assets pursuant to Hawaii Revised Statutes (HRS) § 526-5 (2018). Alexander produced evidence that Eric made the following statements with regard to inheritance:…”
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