Bill Text: HI HR69 | 2012 | Regular Session | Introduced

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Bill Title: Hawaii State Bar Association; Divorce; Annulment; Termination of Reciprocal Beneficiary Relationship; Revocation of Property

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-03-13 - (H) Referred to JUD, referral sheet 44 [HR69 Detail]

Download: Hawaii-2012-HR69-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	69
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

HOUSE RESOLUTION

 

 

Urging the Hawaii State bar association to make recommendations to address section 560:2-804, Hawaii Revised statutes. relating to the revocation of probate and nonprobate transfers by divorce or termination of reciprocal beneficiary relationships.

 

 

 

     WHEREAS, a person who obtains a divorce, annulment, or termination of a reciprocal beneficiary relationship may wish to keep the person's former spouse or reciprocal beneficiary as a beneficiary on a life insurance policy, pension, or other disposition or appointment of property, despite the legal termination of a marriage or reciprocal beneficiary relationship; and

 

     WHEREAS, a designation of a spouse or reciprocal beneficiary partner as a beneficiary of life insurance may be revoked by operation of law at the time of divorce or termination; and

 

     WHEREAS, in Hawaii, section 560:2-804, Hawaii Revised Statutes, among other things, provides that upon divorce, annulment, or termination of a reciprocal beneficiary relationship, any revocable disposition or appointment of property shall be automatically revoked; and

 

     WHEREAS, an attorney retained for the divorce or annulment of a marriage, or the termination of a reciprocal beneficiary relationship, should provide a document to the client that explains in plain language the effect of the divorce, annulment, or termination on the revocable probate or non-probate interests of each party to the divorce, annulment, or termination, as established under section 560:2-804, Hawaii Revised Statutes, which shall be signed by the client and filed with any complaint for divorce or annulment, or declaration of termination of reciprocal beneficiary relationship; and

 

     WHEREAS, the Hawaii Supreme Court has conferred upon the Hawaii State Bar Association the power and responsibility to aid the Court in regulating, maintaining, and improving the legal profession; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, that the Hawaii State Bar Association is requested to implement a procedure that requires any attorney retained in connection with divorce, annulment, or termination of a marriage or termination of a reciprocal beneficiary relationship to provide clients with information concerning the effect on the assets of the couple and each individual pursuant to section 560:2-804, Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that the Hawaii State Bar Association is requested to submit a report to the legislature, no later than twenty days prior to the 2013 Regular Session, on the progress of instituting such a requirement for members of the bar, particularly those members who practice family law, and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, the Administrative Director of the Courts, and the President and the Executive Director of the Hawaii State Bar Association.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Hawaii State Bar Association; Divorce; Annulment; Termination of Reciprocal Beneficiary Relationship; Revocation of Property