HRS §554D-407
Proving an oral or missing trust exists
A trust does not have to be in writing unless another law requires it. If a trust was made orally or the written document is lost, you can prove it exists and its terms with clear and convincing evidence. If you cannot prove it that way, a court may issue an order if it is fair.
beneficiariescourtstrustees
The statute, as written — Evidence of oral trust
(a) Except as required by law other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms, including any amendments thereto, may be established only by clear and convincing evidence. (b) Except as required by law other than this chapter, a trust need not be evidenced by a trust instrument, but the establishment of a missing trust and its terms may be established by clear and convincing evidence. In the absence of clear and convincing evidence to establish the existence or terms and provisions of a missing trust, the existence of or the terms and provisions of a missing trust may be established by court order; provided that, in the circumstances and upon appropriate notice, it would be fair and equitable to do so. This section does not preclude a court from ordering relief otherwise allowed by law.
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