A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next person in the order of priority as listed in section 531B-4, under the following circumstances:

(1) The person is charged with murder or manslaughter in connection with the decedent‘s death, and the charges are known to the funeral director or manager of the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility; provided that if the charges against the person are dismissed, or if the person is acquitted of the charges, the right of disposition is returned to that person, unless the dismissal or acquittal occurs after the final disposition has been completed;
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Terms Used In Hawaii Revised Statutes 531B-6

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Cemetery: means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. See Hawaii Revised Statutes 531B-2
  • Crematory: means a structure containing a furnace used or intended to be used for the conventional cremation of human remains. See Hawaii Revised Statutes 531B-2
  • Decedent: A deceased person.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Estranged: means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. See Hawaii Revised Statutes 531B-2
  • Funeral establishment: means a place of business used in the care and preparation for interment or transportation of human remains, embalming, placing the same on display, or otherwise providing for final disposition of human remains. See Hawaii Revised Statutes 531B-2
  • Hydrolysis facility: means a structure, room, or other space in a building or structure containing hydrolysis equipment, to be used for water cremation. See Hawaii Revised Statutes 531B-2
  • Mortuary: means a place of business devoted exclusively to furnishing funeral services and related commodities. See Hawaii Revised Statutes 531B-2
  • Person: means an individual eighteen years of age or older. See Hawaii Revised Statutes 531B-2
  • Probate: Proving a will
(2) The person does not exercise the person’s right of disposition within five days of notification of the decedent’s death or within seven days of the decedent’s death, whichever is earlier;
(3) The person and the decedent are spouses, civil union partners, or reciprocal beneficiaries, and at the time of the decedent’s death, proceedings for annulment, divorce, or separation had been initiated or a declaration for termination of the reciprocal beneficiary relationship had been filed; or
(4) The probate court pursuant to § 531B-7 determines that the person entitled to the right of disposition and the decedent were estranged at the time of death.

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