STAND

STAND. COM. REP. NO. 823

Honolulu, Hawaii

, 2005

RE: H.B. No. 1756

H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1756, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROBATE,"

begs leave to report as follows:

The purpose of this bill is to prevent misuse of trust or estate assets by trustees and personal representatives who happen to be attorneys. Specifically, this bill:

(1) Requires an attorney who is designated to serve as the paid, personal representative of an estate to prepare, for the testator's written approval and filing with the will, a disclosure of the fact that the attorney anticipates being paid for this service and the method by which compensation will be determined;

(2) Requires an attorney who is designated to serve as the paid trustee of a trust to prepare, for the trustor's written approval, a disclosure of the fact that the attorney anticipates being paid for this service and the method by which compensation will be determined; and

(3) Applies to testamentary documents executed after the effective date of this measure.

Your Committee received testimony in support of this measure from a concerned individual.

Your Committee finds that this measure will prevent occurrences of abuse by trustees and personal representatives who also happen to be attorneys. Your Committee further finds that this measure will help attorneys effectively administer trust and estates for their clients.

Your Committee has made technical, nonsubstantive amendments to this bill for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1756, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1756, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

		____________________________ KENNETH HIRAKI, Chair