Certificate of Trust — Hawaii UTC Adopted
State-specific requirements for a Certificate of Trust in Hawaii.Create yours now →
Certificate of Trust · At a glance
Hawaii · summary of the record on file
Hawaii Revised Statutes (HRS) Chapter 554D (Uniform Trust Code), §§ 554D-101 et seq., effective January 1, 2022 (Act 32, Session Laws of Hawaii 2021). Certification of trust: HRS § 554D-1013. Rule against perpetuities: HRS Chapter 525 (Uniform Statutory Rule Against Perpetuities), § 525-1. Self-settled asset protection: HRS Chapter 554E (Permitted Transfers in Trust Act). Trust decanting: HRS Chapter 554D, Article 3.Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: No notary, witnesses, or recording are specifically required for the certification.
- Witnesses: No notary, witnesses, or recording are specifically required for the certification.
- Recording: No notary, witnesses, or recording are specifically required for the certification.
- Source URL: https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0554D/HRS_0554D-1013.htm
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Hawaii Revised Statutes (HRS) Chapter 554D (Uniform Trust Code), §§ 554D-101 et seq., effective January 1, 2022 (Act 32, Session Laws of Hawaii 2021). Certification of trust: HRS § 554D-1013. Rule against perpetuities: HRS Chapter 525 (Uniform Statutory Rule Against Perpetuities), § 525-1. Self-settled asset protection: HRS Chapter 554E (Permitted Transfers in Trust Act). Trust decanting: HRS Chapter 554D, Article 3.
How a Certificate of Trust works in Hawaii
Certification Requirements
Under HRS § 554D-1013, instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust containing: (1) That the trust exists, the date the trust instrument was executed, and the name of the trust; (2) The identity of the settlor; (3) The identity and address of the currently acting trustee; (4) The powers of the trustee; (5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required to exercise powers of the trustee; (7) If an action is to be undertaken through an agent, that delegation of the action to an agent is not prohibited by the trust instrument. The certification shall state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect. A certification shall not be required to contain the dispositive terms of a trust. A recipient may require the trustee to furnish copies of excerpts from the original trust instrument and amendments that designate the trustee and confer power to act in the pending transaction.
When a trustee presents a certificate of trust in Hawaii, the recipient checks the certificate against HRS 554D-1013, which is Hawaii's adoption of Uniform Trust Code 1013. The statute permits the trustee to furnish a certification of trust instead of a copy of the trust instrument. The certification must contain: that the trust exists, the date the trust instrument was executed, and the name of the trust, the identity of the settlor, the identity and address of the currently acting trustee, the powers of the trustee, the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust, the authority of co-trustees to sign or otherwise authenticate and whether all or less than all are required to exercise powers of the trustee, and if an action is to be undertaken through an agent, that delegation of the action to an agent is not prohibited by the trust instrument.
Common mistakes that get certificates rejected
A certificate that omits the statement that the trust has not been revoked, modified, or amended in any manner causing the representations to be incorrect falls short of HRS 554D-1013's requirements. So does one that leaves out the revocability statement and the identity of the person holding the power to revoke, because a title company handling a sale cannot confirm who must sign a deed without it. A certificate describing trustee powers that do not match the pending transaction, or signed by fewer than all currently acting trustees when the statute requires all, also fails the statute under HRS Chapter 554D.
What makes Hawaii different
Hawaii adopted the Uniform Trust Code through Act 32 of the Session Laws of Hawaii 2021, effective January 1, 2022, making Hawaii's trust code one of the most modern in the nation. The certification of trust is governed by HRS 554D-1013, which is the UTC 1013 adoption. Hawaii treats a trust as a property relationship rather than a legal entity, and common law business trusts operate in the state without separate statutory status. Hawaii does not have a specific Massachusetts or business trust statute; business trusts are treated under common law principles and general trust law under HRS Chapter 554D. The statute's two-sided design lets institutions rely on certificates in good faith while a person who asks for the complete trust documents without cause may be liable for damages.
Frequently asked questions
Does Hawaii require a certificate of trust to be notarized?
HRS 554D-1013 does not specifically require notarization for the certificate itself. The statute permits the certification to be signed or otherwise authenticated by any trustee. A third party, such as a bank or title company, may require an acknowledgment before a notary as a condition of accepting the certificate under the statute. No witnesses or recording are specifically required for the certification under HRS Chapter 554D.
What must a Hawaii certificate of trust contain?
Under HRS 554D-1013, the certification must contain: that the trust exists, the date of execution, the identity of the settlor, the identity and address of the trustee, the powers of the trustee, the revocability or irrevocability and the identity of any person holding a power to revoke, the authority of co-trustees and whether all or less than all are required. The certification must state the trust has not been revoked, modified, or amended in any manner causing the representations to be incorrect.
Can a bank ask for the entire trust after I present a certificate?
Under HRS 554D-1013, a person who asks for the complete trust documents in addition to a valid certificate, without cause, may be liable for damages. The statute's reliance rules protect third parties who accept a conforming certificate in good faith. Where required contents are incomplete, the institution may ask for the full instrument. The statute expressly provides that a certification need not contain the dispositive terms of a trust.
Is a certificate of trust the same as a trust agreement in Hawaii?
No. The certificate is a short, signed declaration summarizing the information HRS 554D-1013 requires, while the trust agreement is the full instrument containing the dispositive and distribution terms. The statute expressly provides that a certification need not contain distribution terms. A certificate omitting any required content, such as the settlor identity or trustee powers, does not conform to the statute's requirements under HRS Chapter 554D.
Execution Requirements
A certification of trust may be signed or otherwise authenticated by any trustee (HRS § 554D-1013(b)). No notary, witnesses, or recording are specifically required for the certification. The Hawaii UTC was enacted in 2021 (Act 32) and became effective January 1, 2022, modernizing Hawaii's trust law significantly.
Business Trust Treatment
Hawaii does not have a specific Massachusetts/business trust statute. Business trusts are treated under common law principles and general trust law under HRS Chapter 554D. Hawaii recognizes trusts created for business purposes but does not provide a specific statutory framework for business trusts. LLCs and corporations under Hawaii's business entity statutes are the standard vehicles for business activities.
Favorable Trust Laws
Hawaii is a DAPT state through the Hawaii Permitted Transfers in Trust Act (HRS Chapter 554E), which allows self-settled irrevocable trusts protected from most claims of the settlor's creditors. Hawaii also adopted the Uniform Trust Decanting Act (codified in HRS Chapter 554D, Article 3), giving trustees statutory authority to distribute assets from an old irrevocable trust into a new one with updated terms. The rule against perpetuities (HRS § 525-1) follows the USRAP, allowing nonvested interests valid if they vest within 90 years of creation or 21 years after a life in being. Hawaii has no state estate or inheritance tax. The combination of DAPTs, decanting, and UTC modernization makes Hawaii competitive for trust planning.
Unique Factors
Hawaii's UTC adoption (effective January 1, 2022) was one of the most recent, making Hawaii's trust code one of the most modern. Hawaii is one of a minority of states with both self-settled asset protection trusts (Chapter 554E) and a statutory decanting framework. The 60-day beneficiary notice requirement for decanting (HRS § 554D-7) and the distinction between expanded-discretion and limited-discretion trusts are notable features. Hawaii's geographic isolation and unique cultural context also influence trust planning for Pacific-region families.