In re the Lock Revocable Living Trust, 109 Haw. 146

Summary

The Supreme Court of Hawaiʻi reviewed whether the Annie Quon Ann Lock Revocable Living Trust required distribution of trust assets per stirpes to the settlor’s siblings and their descendants or in equal shares to the two siblings who survived her. The court held that the trust language was facially ambiguous because the terms “per stirpes” conflicted with the direction to distribute to then-living siblings. It affirmed the trial court’s consideration of extrinsic evidence and its determination that the assets should be distributed equally to Lena L. Wong and Wah Tim Lock.

Holdings

1. Article IV was ambiguous on its face because the phrase "per stirpes" conflicted with the direction to distribute to the settlor's "then living brothers and sisters" in equal shares and with the provision addressing descendants of persons who failed to survive the settlor.
2. Once ambiguity or doubt existed concerning the meaning of the trust language, the trial court properly admitted and considered extrinsic evidence concerning the settlor's intent.
3. The trust assets were properly distributed in equal shares to Lena Wong and Wah Tim Lock, the only siblings who survived Annie Lock.

Questions Presented

1. Whether the trust language directing distribution per stirpes to the settlor's then-living brothers and sisters in equal shares was ambiguous.
2. Whether extrinsic evidence of the settlor's intent was admissible to construe the ambiguous trust provision.
3. Whether the trial court properly ordered equal distribution of the trust assets to the two siblings who survived the settlor.

Disposition

affirmed