Haw. Prob. R. 53

Unless otherwise ordered by the court, a person filing a petition, memorandum, or other document shall not be required to serve the document upon any person who signed a waiver of notice or who joined in the petition; except that a person filing (a) an inventory (and any amendment or supplement) (b) a petition for approval of final accounts or (e) a petition to reopen an estate, shall serve a copy on each interested person, regardless of whether that person signed a waiver of notice. A person who has filed a waiver of notice may by ex parte petition request the court to set aside the waiver and require notice to the person thereafter.

COMMENTARY:

This rule clarifies the effect of the filing of a waiver of notice or joinder. If a waiver of notice is filed, the waiver shall apply to all regular filings except as may be specifically provided in the waiver. (For example, a beneficiary may waive notice of all proceedings except those relating to disposition of real property.) In all cases, interested persons must receive a copy of the final accounting, must receive notice of proceedings relating to real property that the beneficiaries would otherwise receive, and must receive a copy of the inventory (and any amendments or supplements).

In addition, the court always has the power to override a waiver of notice and order notice to a beneficiary despite the waiver. This might be the case where there is a problem fiduciary and the court wants to make sure that all interested persons are aware of the actions of the fiduciary. An individual who has filed a waiver could also by ex parte petition request that the court set aside the waiver.

(Amended November 12, 1997, effective December 15, 1997; further amended June 25, 2003, effective July 1, 2003.)