HRS §560:3-912
Family members can agree to change who gets what from an estate
People who are set to inherit from a will or by law can make a written deal to change their shares, as long as creditors and tax agencies are still paid. The person in charge of the estate must follow that deal, but still has to handle debts, taxes, and costs. Trustees of trusts are treated as inheritors here, but still owe duties to trust beneficiaries.
beneficiariesheirspersonal representativestrustees
The statute, as written — Private agreements among successors to decedent binding on personal representative
Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to the personal representative's obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of the personal representative's office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing herein relieves trustees of any duties owed to beneficiaries of trusts.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.