HRS §560:1-106
What happens when someone commits fraud in an estate case
If someone commits fraud in an estate proceeding or filing, or uses fraud to get around the law, the injured person can sue for relief or restitution. The lawsuit must start within two years of discovering the fraud, but no later than five years after the fraud happened. This does not cover fraud against a person before they died.
beneficiariescourtscreditorsdebtorsheirspersonal representativestrustees
The statute, as written — Effect of fraud and evasion
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during the decedent's lifetime which affects the succession of the decedent's estate.
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