[PART 2. 
EFFECT OF ACT 288, SESSION LAWS OF HAWAII 1996]



 



§560:8-201  Effect and transition.  (a) 
The amendments made by [Act 288, Session Laws of Hawaii 1996, hereinafter
referred to as this Act,] shall take effect on January 1, 1997.



(b)  Except as provided elsewhere in this Act,
on January 1, 1997:



(1)  The amendments made by this Act apply to any
governing instruments executed by decedents dying thereafter;



(2)  The amendments made by this Act apply to any
proceedings in court then pending or thereafter commenced regardless of the
time of the death of decedent except:



(A)  Parts 1 and 2 of Article II (relating to
intestate succession and elective share) shall apply only to the estates of
decedents dying after January 1, 1997; and



(B)  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 Act;



(3)  Every personal representative including a person administering
an estate of a minor or incompetent holding an appointment on that date,
continues to hold the appointment but has only the powers conferred by this Act
and is subject to the duties imposed with respect to any act occurring or done
thereafter;



(4)  An act done before the effective date in any
proceeding and any accrued right is not impaired by this Act.  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 the
effective date, the provisions shall remain in force with respect to that
right; and



(5)  Any rule of construction or presumption provided
in this Act applies to instruments executed before the effective date unless
there is a clear indication of a contrary intent. [L 1996, c 288, §5; am L
1997, c 244, §16]



 



Revision Note



 



  Part added by revisor.