HRS §554D-1004
Who pays legal fees in trust disputes
In a court case about a trust, the judge can order someone to pay another person's legal bills if that person acted for the good of the whole trust. A trustee or beneficiary who honestly defends or challenges a trust can get their legal costs paid from the trust, even if they lose.
beneficiariescourtstrustees
The statute, as written — Attorney's fees and costs
(a) In a judicial proceeding involving the administration, interpretation, or validity of a trust, the court may award reasonable attorney's fees, costs, and expenses to any party to the trust who has acted in the best interest of the trust as a whole, to be paid by another party or from the trust that is the subject of the controversy. (b) If a trustee , a nominated trustee, or a beneficiary, if a trustee or a nominated trustee refuses to act, defends or prosecutes any proceeding regarding the validity of a trust in good faith, whether successful or not, that person is entitled to receive from the trust reasonable costs, expenses, and disbursements, including reasonable attorney's fees , regardless of whether counsel has been retained on a contingency fee basis.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.