Haw. Prob. R. 130
A trustee seeking fees for extraordinary services performed prior to the filing of a petition shall request allowance of such fees as part of the petition for approval of accounts, and in the request shall state the nature of the services rendered, the economic or other benefit to the estate from the services, and a summary of any special expertise of the petitioner in performing the services. The trustee shall request extraordinary fees earned after the filing of the petition through an affidavit. The court shall award extraordinary fees based on the time, effort, and expertise expended on the extraordinary services rendered and will normally compensate the trustee on the basis of the hours spent on the services, with variations allowed based on the expertise of the individual rendering the services.
Haw. Prob. R. 130
COMMENTARY:
In the past, some trustees have charged trust estates for extraordinary services based on formulas that have no relation to the amount of work or expertise involved in rendering the services. Generally, the court practice has been to grant extraordinary fees based on an hourly rate, with variations in the hourly rate allowed to reflect the expertise of the person performing the services. This rule clarifies the basis upon which extraordinary fees will be granted by the court.