Rule 126 Trust Proceedings

(a) Petition. A trustee or interested person shall commence any proceeding relating to a trust by filing a petition complying with Rule 3.

(b) Vesting Orders. Any interested person seeking an order vesting title to trust assets in a successor trustee shall petition the court, setting forth the name of the settlor of the trust, the date the trust was created, the nature and value of the trust assets, the name and address of the trustee being replaced, the names and addresses of the current beneficiaries, name and address of the nominated successor trustee, and the authority (by trust provisions or statute), if any, by which the nomination or appointment of the successor trustee was made. If all persons entitled by statute or the trust provisions to appoint a successor trustee join in the petition, the court may issue the vesting order ex parte.

(c) Instructions. A trustee or other interested person seeking an interpretation of a trust instrument or instructions regarding the administration of the trust may file a petition, setting forth the name of the settlor of the trust, the date the trust was created, the nature and value of the trust assets, the name and address of the trustee, the names and addresses of the current beneficiaries, the names and addresses of any contingent or remainder beneficiaries whose rights may be affected by the issue raised in the petition, the trust provisions applicable to the issues raised in the petition, and a description of the specific issues for which instructions are sought. The court may appoint a guardian ad litem to represent the interests of unborn, unascertained, or minor beneficiaries. The petitioner shall serve notice of the date, time, and place of the hearing on all interested persons.

(d) Approval of Accountings. Where an order is sought for approval of a trustee's accounts, the petition shall comply with the requirements of Rules 25, 26, and 27 and shall in addition set forth the name of the settlor of the trust, the date the trust was created, the name and address of the trustee, and the names and addresses of any vested remainder beneficiaries. The court may appoint a guardian ad litem to represent the interests of unborn, unascertained, or minor beneficiaries. Notice of the time and date of the hearing shall be given to all interested persons named in the petition.

(e) Distribution of Assets to Missing Beneficiaries. When a trustee is unable to locate a beneficiary entitled to real or personal property, at the termination of the trust, the trustee shall dispose of the unclaimed assets by complying with the requirements of Hawaiʻi Revised Statutes § 560:3-914.