Haw. Prob. R. 28

As amended through September 30, 2024
Rule 28 - Appointment
(a) Master. The court may appoint a master to review any petition or dispute before the court and to report the recommendations of the master to the court. The master shall serve as a representative of the court and shall be a person who has no conflict of interest with any party or issue in the proceeding.
(b) Guardian Ad Litem. The court may appoint a guardian ad litem for one or more minor, unborn, unascertained, or incompetent persons not otherwise represented in an action and may make such other order as it deems proper for the protection of a minor, unborn, unascertained, or incompetent person. The guardian ad litem shall represent the interests of the person or persons for whom the guardian ad litem is appointed. Where the interests of different classes of unrepresented beneficiaries differ, the court may appoint a separate guardian ad litem to represent each class of interests.
(c) Order of Appointment. The petitioner shall prepare and present to the court in blank an order appointing master or guardian ad litem, as applicable, for charitable trust accountings, petitions for instructions, and actions involving non-charitable trusts or estates in which there are minor, unborn, or unascertained beneficiaries.
(d) Notice to Official. When a master or guardian ad litem is appointed by the court with respect to any petition, the petitioner shall give notice of appointment and copies of all relevant pleadings to the master or guardian ad litem within 5 days of appointment. Thereafter, all parties shall serve copies of all pleadings filed in the proceeding on the master or guardian ad litem until the appointment is terminated.
(e) Termination of Appointment. The appointment of a master or guardian ad litem automatically terminates upon the entry of an order or judgment on the issues for which the master or the guardian ad litem is appointed. A guardian ad litem may, with the approval of the court, appeal an order or judgment of the court and pursue such appeal on behalf of the beneficiary or beneficiaries that the guardian ad litem represents.

Haw. Prob. R. 28

COMMENTARY:

This rule clarifies the procedures with respect to the appointment of a master or guardian ad litem, and their roles. The petitioner is charged with notifying the official of appointment and supplying copies of all relevant documents.