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HRS §560:2-708

How property is split among descendants if the will doesn't say

When a will or trust gives property to a group like 'descendants' or 'issue' but doesn't say how to divide it, the property goes to those living when the gift takes effect. They share it as if the named ancestor had died without a will at that time.

beneficiariesheirs

The statute, as written — Class gifts to "descendants", "issue", or "heirs of the body"; form of distribution if none specified

If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.
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.