Haw. Prob. R. 53

As amended through September 30, 2024
Rule 53 - Effect of Waivers and Joinders

Unless otherwise ordered by the court, a person filing a petition, memorandum, or other document shall not be required to serve the document upon any person who signed a waiver of notice or who joined in the petition; except that a person filing (a) an inventory (and any amendment or supplement) (b) a petition for approval of final accounts or (e) a petition to reopen an estate, shall serve a copy on each interested person, regardless of whether that person signed a waiver of notice. A person who has filed a waiver of notice may by ex parte petition request the court to set aside the waiver and require notice to the person thereafter.

Haw. Prob. R. 53

Amended November 12, 1997, effective 12/15/1997; further amended June 25, 2003, effective 7/1/2003.

COMMENTARY:

This rule clarifies the effect of the filing of a waiver of notice or joinder. If a waiver of notice is filed, the waiver shall apply to all regular filings except as may be specifically provided in the waiver. (For example, a beneficiary may waive notice of all proceedings except those relating to disposition of real property.) In all cases, interested persons must receive a copy of the final accounting, must receive notice of proceedings relating to real property that the beneficiaries would otherwise receive, and must receive a copy of the inventory (and any amendments or supplements).

In addition, the court always has the power to override a waiver of notice and order notice to a beneficiary despite the waiver. This might be the case where there is a problem fiduciary and the court wants to make sure that all interested persons are aware of the actions of the fiduciary. An individual who has filed a waiver could also by ex parte petition request that the court set aside the waiver.