Haw. Prob. R. 29
Unless otherwise ordered by the court, the master shall review the operations of the fiduciary in light of the terms of the controlling document, as well as the financial transactions of the trust or estate. The fiduciary shall supply to the master a copy of the accountings and any masters' reports for the prior three accounting periods and shall make available for the master's inspection all accounting records for the current accounting period. The master shall have unlimited access to the books and records of the fiduciary with respect to the trust or estate that are not protected by privilege, including minutes of all meetings, and may interview any employee of the fiduciary regarding the trust or estate as the master deems appropriate. The master shall submit a written report of the master's findings to the court and serve a copy on all interested persons. Interested persons may file objections or responses to the master's report, and parties may object or respond to such pleadings, within the time limits set forth in Rule 10(c).
Haw. Prob. R. 29
COMMENTARY:
This rule clarifies the role of the master, as many masters currently are unsure of their position and limit themselves to a strict review of the financial accounting presented. While there is a presumption of good faith and regularity that applies to accountings, In re Estate of James Campbell, Deceased, 42 Haw. 586, 607 (1958), the master serves as the eyes and ears of the court, and therefore should review the entire scope of the fiduciary's performance during the accounting period pursuant to the governing instrument. In order to properly fulfill the obligation, the master is granted broad access to the records and staff of the fiduciary.