14 chapters · 310 sections in this title.
HRS §558-1 Title
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[§558-1] Title. This chapter shall be known and may be cited as the Land Trust Act. [L 1978, c 151, pt of §1]
HRS §558-2 Purpose
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[§558-2] Purpose. The purpose of this chapter is to authorize those trusts which incorporate it by reference to convey legal and equitable title to real estate in trust to a qualified trustee; to define the nature and extent of the beneficiaries' interest in the trust property; t…
HRS §558-3 Definitions
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[§558-3] Definitions. As used in this chapter, unless the context otherwise requires: "Recorded instrument" means any conveyance, deed, mortgage, lease assignment, or other instrument relating to this chapter and duly executed and recorded with the bureau of conveyances or the la…
HRS §558-4 Creation of trust, powers of trustee
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§558-4 Creation of trust, powers of trustee. Any recorded instrument transferring any interest in real property in this State, including but not limited to, leasehold and mortgagee's interests, to any person, corporation, bank, or trust company, qualified to act as a trustee in t…
HRS §558-5 Inquiry into authority of trustee
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[§558-5] Inquiry into authority of trustee. Any grantee, mortgagee, lessee, transferee, assignee, or person obtaining satisfaction, releases, or otherwise in any way dealing with the trustee with respect to the real property held in trust under the recorded instrument, may but sh…
HRS §558-6 Conveyance by trustee
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§558-6 Conveyance by trustee. Any person dealing with the trustee under the recorded instrument shall take any interest transferred by the trustee free and clear of the claims of all the beneficiaries of the trust, and of any unrecorded separate declarations or agreements collate…
HRS §558-7 Personal property
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§558-7 Personal property. In all cases where the recorded instrument contains a provision defining and declaring the interest of beneficiaries to be personal property only, the provision shall be controlling for all purposes where the determination becomes an issue under the laws…
HRS §558-8 Disclosure of beneficiaries
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§558-8 Disclosure of beneficiaries. (a) Any trust created hereunder shall be invalid unless the recorded conveyance document transferring title to the trustee discloses the name and pro rata interest of each beneficiary of such trust. (b) Upon service of a complaint, or similar p…