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HRS §554D-1001

What happens when a trustee breaks trust duties

A trustee who fails to do their job for a beneficiary has broken trust. A court can step in to fix the problem, like making the trustee act, pay back losses, or removing them. The court can also forgive a trustee who acted honestly and reasonably.

beneficiariescourtstrustees

The statute, as written — Remedies for breach of trust

(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. A breach of trust may occur by reason of an action or by reason of a failure to act. (b) To remedy a breach of trust that has occurred or may occur, the court may: (1) Compel the trustee to perform the trustee's duties; (2) Enjoin the trustee from committing a breach of trust; (3) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means; (4) Order a trustee to account; (5) Appoint a special fiduciary to take possession of the trust property and administer the trust; (6) Suspend the trustee; (7) Remove the trustee as provided in section 554D-706; (8) Reduce or deny compensation to the trustee; (9) Subject to section 554D-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; (10) Order that the trustee, not the trust, shall bear the trustee's attorney's fees and those incurred by other parties to the trust; or (11) Order any other appropriate relief, including punitive damages. (c) The court, for cause shown, may relieve a trustee from liability for any breach of trust or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for a breach of trust.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§554D-1012 Protection for people who help or deal with a trustee

§554D-706 When and How a Court Can Remove a Trustee

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.