2023 Hawaii Revised Statutes
Title 30A. Uniform Probate Code
560. Uniform Probate Code
560:2-114 Parent barred from inheriting in certain circumstances.

§560:2-114 Parent barred from inheriting in certain circumstances. (a) A parent shall be barred from inheriting from or through a child of the parent if:

(1) The parent's parental rights were terminated and the parent-child relationship was not judicially reestablished; or

(2) The child died before reaching eighteen years of age and there is clear and convincing evidence that immediately before the child's death, the parental rights of the parent could have been terminated under the laws of this State, other than this chapter, on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.

(b) For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under this section shall be treated as if the parent predeceased the child.

(c) Except as otherwise provided in section 560:2-125(b), the termination of a parent's parental rights to a child shall have no effect on the right of the child or a descendant of the child to inherit from or through the parent. [L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2023, c 158, §15]

Case Notes

The term "may", as set forth in subsection (a), is permissive, and, for purposes of intestate succession, a purported heir may establish his or her parent-child relationship with the decedent by any means permitted by statute, including, but not limited to, chapter 584. 103 H. 275, 81 P.3d 1190 (2003).

Trial court did not err in failing to apply this section as it did not apply to either the testamentary trust or the life insurance trust for purposes of determining whether daughter was the "issue" of natural father. 105 H. 284, 96 P.3d 1098 (2004).