The meaning and effect of the terms of a trust are determined by:

(1) The law of the jurisdiction designated in the terms unless the designation of that jurisdiction’s law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or
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Terms Used In Hawaii Revised Statutes 554D-107

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Terms of a trust: means :

    (1) Except as otherwise provided in paragraph (2), the manifestation of the settlor's intent regarding a trust's provisions as:
    (A) Expressed in the trust instrument; or
    (B) Established by other evidence that would be admissible in a judicial proceeding; or
    (2) The trust's provisions, as established, determined, or amended by:
    (A) A trustee or other person in accordance with applicable law;
    (B) A court order; or
    (C) A nonjudicial settlement agreement under section -111. See Hawaii Revised Statutes 554D-103
(2) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.

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