§560:3-720 Expenses in estate litigation. If any personal representative or person nominated as personal representative, or an heir or beneficiary if a personal representative or person nominated as a personal representative refuses to act, defends or prosecutes any proceeding regarding the validity of a will in good faith, whether successful or not, that person shall be entitled to receive from the estate reasonable costs, expenses, and disbursements, including reasonable attorneys' fees, regardless of whether counsel has been retained on a contingency fee basis. [L 1996, c 288, pt of §1; am L 2023, c 158, §40] Case Notes A finding of undue influence on the part of the personal representative, who was also the proponent of the rejected will, precludes a finding that he or she defended or prosecuted the will contest in good faith; personal representative's request for attorneys' fees and expenses under this section thus denied. 91 H. 107, 979 P.2d 1133 (1999).
Hawaii Legal Code