Discretionary trusts; effect of standard

HRS §554D-504, under Chapter 554D.

HRS §554D-504

[§554D-504] Discretionary trusts; effect of standard. (a) Except as otherwise provided in subsection (b), regardless of whether a trust contains a spendthrift provision, a creditor of a beneficiary shall not compel a distribution that is subject to the trustee's discretion, even if:

(b) To the extent a trustee has not complied with a standard of distribution or has abused a discretion:

(c) This section shall not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.

(d) If the trustee's or cotrustee's discretion to make distributions for the trustee's or cotrustee's own benefit is limited by an ascertainable standard, a creditor shall not reach or compel distribution of the beneficial interest except to the extent the interest would be subject to the creditor's claim were the beneficiary not acting as trustee or cotrustee. [L 2021, c 32, pt of §2]