CONFERENCE COMMITTEE REP. 7-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2305

H.D. 1

S.D. 1

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2305, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM PROBATE CODE,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to:

(1) Provide deadlines for contesting informally probated wills; and

(2) Give a creditor 18 months in which to challenge a disallowance by a personal representative when the notice of disallowance does not advise of the 60-day limitations period to challenge the dissallowance.

Your Committee on Conference has made amendments to this bill by:

(1) Reinserting the term "within" before the new deadlines for contesting informally probated wills, to clarify that any contest must occur within the enumerated deadlines; and

(2) Moving the phrase "whichever time period expires first" out of the subparagraph containing the last enumerated deadline, and into the paragraph containing all three deadlines, to clarify that the phrase refers to all deadlines, not only the last deadline.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2305, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2305, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

BRIAN KANNO, Chair

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BLAKE K. OSHIRO, Chair