Detailed Answer
Short answer: Under Hawaii law, wrongful death proceeds generally do not pass under the decedent’s Last Will and Testament. Instead, Hawaii’s wrongful death statute creates a statutory cause of action for the benefit of certain survivors; the court or jury awards damages for their benefit and those damages are distributed according to the wrongful death law, not by the decedent’s will. By contrast, a separate survival action (for the decedent’s own predeath losses) belongs to the decedent’s estate and therefore can be distributed according to the will.
Hawaii’s wrongful death and survival remedies are found in Hawaii Revised Statutes, Chapter 663. See the chapter here: HRS Ch. 663.
How the law draws the line
There are two distinct legal claims that can arise when someone is fatally injured:
- Wrongful death claim: This is a statutory cause of action brought for the benefit of the decedent’s surviving spouse, children, and other eligible survivors. The damages awarded (for loss of financial support, loss of guidance/companionship, and other losses identified by statute and case law) are for the survivors’ benefit and are apportioned under the wrongful death statute.
- Survival action: This claim allows the decedent’s estate (represented by the personal representative) to recover damages the decedent suffered prior to death — for example, pain and suffering, medical expenses, or lost earnings the decedent incurred between injury and death. Money recovered in a survival action is estate property and will pass according to the decedent’s will or Hawaii probate law.
Practical effect in Hawaii
Because wrongful death damages are for the statutory beneficiaries (not the estate), a decedent’s will generally cannot change who receives wrongful death proceeds. For example, if a person leaves a will leaving their estate to a friend but the decedent is survived by a spouse or children, the wrongful death recovery meant to compensate the spouse and children won’t be swept into the estate under that will. The survival claim, however, would go into the estate and be distributed under the will.
The court has authority under the wrongful death statute to determine who is entitled to recovery and how the damages should be apportioned among eligible survivors. For the exact statutory language and the allocation framework, see Hawaii Revised Statutes Chapter 663: https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0631-0676/HRS0663/.
Common questions people ask
- Can a will nominate who receives wrongful death money? No. A will cannot override the wrongful death statute. The statute prescribes who benefits and how damages are to be distributed.
- Who can bring a wrongful death suit? The wrongful death statute specifies eligible plaintiffs (commonly the surviving spouse, children, and other dependents). The statute also explains who receives the damages if multiple persons are entitled.
- What about punitive damages? Distribution of punitive damages can differ by state. In Hawaii, how punitive awards are handled may depend on statutory or case law. An attorney can explain whether any portion of punitive damages goes to the estate or to survivors.
- What if there is both a wrongful death and survival claim? Both claims can be pursued when applicable. The survival claim is estate property; wrongful death proceeds belong to the survivors. Plaintiffs often bring both claims in the same lawsuit so a single resolution can address both types of recovery.
What to do next
If you are a potential beneficiary, personal representative, or someone named in a decedent’s will, consider these next steps:
- Talk to an attorney experienced in wrongful death and probate matters in Hawaii. They can explain who the statute names as beneficiaries, whether both wrongful death and survival claims apply, and how a settlement or judgment will be divided.
- Preserve documents: death certificate, medical records, employment and earnings records, proof of dependency, and the decedent’s will and probate documents.
- Act promptly. Statutes of limitation and procedural deadlines govern wrongful death and survival claims. An attorney can confirm applicable deadlines and filing requirements.
Important: This explanation is an educational summary. It does not replace individualized legal advice. For the exact statutory text and how it applies to your situation, consult the statute linked above and speak with a licensed Hawaii attorney.
Helpful Hints
- Remember the key distinction: wrongful death = benefits survivors; survival = benefits the estate.
- Keep the decedent’s will and probate paperwork available for the attorney. Those documents matter for survival claim proceeds and estate administration.
- If the decedent left minor children, the court may require special procedures to protect their interests; ask an attorney about court approval, guardianship, or trust options.
- Settlement negotiations often resolve wrongful death and survival claims together. Ensure any settlement document clearly describes how money will be allocated and whether court approval is required.
- Get a written fee agreement with your attorney describing costs, likely timelines, and how settlement funds will be disbursed.
- Use the official statute source for reference: Hawaii Revised Statutes Chapter 663 — https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0631-0676/HRS0663/.
Disclaimer: This article provides general information about Hawaii law and is not legal advice. For advice specific to your situation, contact a licensed attorney in Hawaii.