AI-assisted research summary: Most trustees other than trust companies must invest trust funds only in authorized investments, unless the trust instrument or a court order says otherwise.
Every trustee, other than a trust company acting as such, except insofar as the terms of the instrument or words creating or defining the trust specifically provide otherwise, or unless it is otherwise ordered by the court, which order may be made on an ex parte hearing, shall invest the funds of the trust only in the investments authorized in the cases of trust companies acting as trustees under article 8 of chapter 412, and with respect to all investments and the security for the same every such trustee shall have and be subject to the same rights, powers, privileges, duties, obligations, and responsibilities as would apply to trust companies acting as trustees as to similar investments and the security for the same under article 8 of chapter 412. Nothing in this section shall be deemed to authorize any trustee other than a trust company to issue participation certificates or notes. Any investment made by any such trustee under order by the court made on an ex parte hearing or otherwise may be held during the life of the trust or lesser period unless the terms of the instrument or words creating or defining the trust or the terms of the order of the court or of any subsequent order of the court specifically provide otherwise. [L Sp 1933, c 47, §1; RL 1935, §4715; am L 1941, c 154, §1; RL 1945, §12576; RL 1955, §340-6; HRS ; am L 1976, c 200, pt of §1; am L 1993, c 350, §33] Case Notes This section applicable only when trust instrument does not otherwise provide. 35 H. 1, 8. Duty to diversify investments, to exercise reasonable judgment. 47 H. 548, 393 P.2d 96; 47 H. 577, 393 P.2d 89. Cited: 43 H. 37, 41; 47 H. 629, 638, note 6, 394 P.2d 432.