ARTICLE
VIII



EFFECTIVE
DATE AND REPEALER



 



[PART 1. 
EFFECT OF ACT 200, SESSION LAWS OF HAWAII 1976]



 



Revision Note



 



  Sections 560:8-101 and 560:8-102 designated as Part 1 in view
of addition of Part 2.



 



§560:8-101  Time of taking effect;
provisions for transition.  (a)  This chapter takes effect on July 1, 1976,
except that the provisions of Articles II, III and IV and the Hawaii Revised
Statutes sections amended or repealed in this Article VIII on account of
Articles II, III and IV take effect on July 1, 1977.



(b)  Except as provided elsewhere in this
chapter, on the effective date of this chapter:



(1)  The chapter applies to any wills of decedents
dying thereafter;



(2)  The chapter applies to any proceedings in court
then pending or thereafter commenced regardless of the time of the death of
decedent except to the extent that in the opinion of the court the former
procedure should be made applicable in a particular case in the interest of
justice or because of infeasibility of application of the procedure of this
chapter;



(3)  Every executor of a will admitted to a probate
prior to July 1, 1977 in this State and every administrator appointed prior to
July 1, 1977 by a court of this State shall be a supervised personal
representative with respect to the estate, and every guardian of the property
appointed prior to July 1, 1976 by a court of this State shall be a guardian of
the property, with only the powers conferred by this chapter and subject to the
duties imposed by this chapter with respect to any act occurring or done
thereafter.  Every guardian of a person holding an appointment on that date
continues to hold the appointment but has only the powers conferred by this
chapter and is subject to the duties imposed by this chapter with respect to
any act occurring or done thereafter;



(4)  The consequences of an act done before the
applicable effective date in any proceeding and any accrued right is not
impaired by this chapter.  If a right is acquired, extinguished, or barred upon
the expiration of a prescribed period of time which has commenced to run by the
provisions of any statute before July 1, 1977, the provisions of such statute
shall remain in force with respect to that right;



(5)  Any rule of construction or presumption provided
in this chapter applies to instruments executed and multiple-party accounts
opened before July 1, 1976 unless there is a clear indication of a contrary
intent;



(6)  Notwithstanding any of the above, this chapter
shall not affect any property or other rights accrued under the case and
statutory law of this State, including but not limited to the law relating to
intestacy, dower and curtesy (chapters 532 and 533), which became vested prior
to July 1, 1977;



(7)  Section 560:7-501 applies to governing
instruments executed on or after June 24, 2005. [L 1976, c 200, pt of §1;
am L 2005, c 160, §2]



 



Revision Note



 



  In subsection (b)(7), "June 24, 2005" substituted
for "the effective date of Act     ."



 



Case Notes



 



  Vested equitable interest in personal property which heirs
acquired upon decedent's death satisfied "vested rights" provision of
subsection (b)(6).  65 H. 394, 652 P.2d 1137.