← Back to search

HRS §560:3-905

When a will or trust can't punish a challenge

This section says that a clause in a will or trust that tries to punish someone for challenging the will or trust, or for starting a related court case, is not enforceable if that person had a good reason to do so. In other words, if you have a valid reason to contest, you won't be penalized.

beneficiariescourtsheirspersonal representativestrustees

The statute, as written — Penalty clause for contest

A provision in a will or trust purporting to penalize any interested person for contesting the will or trust or instituting other proceedings relating to the probate or trust estate is unenforceable if probable cause exists for instituting proceedings.
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.