HRS §554D-111
Trust settlement agreements without going to court
People involved with a trust can make a binding agreement to settle trust matters without going to court, as long as it doesn't go against the trust's main purpose and could be approved by a court. The agreement can cover things like interpreting the trust, approving trustee reports, changing trustees, or handling trustee liability. Anyone involved can ask a court to approve the agreement.
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The statute, as written — Nonjudicial settlement agreements
(a) Except as otherwise provided in subsection (b), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. (b) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law. (c) Matters that may be resolved by a nonjudicial settlement agreement include, but are not limited to: (1) The interpretation or construction of the terms of the trust; (2) The approval of a trustee's report or accounting; (3) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power; (4) The resignation or appointment of a trustee and the determination of a trustee's compensation; (5) Transfer of a trust's principal place of administration; and (6) Liability of a trustee for an action relating to the trust. (d) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in part III was adequate, and to determine whether the agreement contains terms and conditions that the court could have properly approved. (e) For purposes of this section, "interested person" means a person whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.