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HRS §554D-709

Getting paid back for trust expenses

A trustee who acts honestly can be repaid from the trust for costs they properly paid, including legal costs, even if a lawsuit fails. If they weren't properly paid, they can still be repaid if needed to avoid the trust unfairly benefiting. Money advanced to protect the trust creates a claim against trust property.

trustees

The statute, as written — Reimbursement of expenses

(a) A trustee or designated trustee who acts in good faith is entitled to reimbursement out of the trust property, with interest as appropriate, for: (1) Expenses that were properly incurred in the administration of the trust, including the defense or prosecution of any action, whether successful or not, unless the trustee is determined to have wilfully or wantonly committed a material breach of trust; or (2) To the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust. (b) An advance by the trustee or designated trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

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