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HRS §560:2-604

What happens when a gift in a will fails

If a specific gift in a will fails, it goes into the rest of the estate (the residue). If a share of the residue fails, that share goes to the other people who were supposed to get the residue, in proportion to their shares.

beneficiariespersonal representatives

The statute, as written — Failure of testamentary provision

(a) Except as provided in section 560:2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue. (b) Except as provided in section 560:2-603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§560:2-603 What happens to a gift in a will if the person dies first

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