Enforcing or Disputing an Oral Agreement Over Wrongful-Death Proceeds in Hawaii

Overview

If people orally agreed how to divide proceeds from a wrongful-death recovery, enforcing or disputing that oral agreement in Hawaii can be complicated. The estate, the personal representative (executor or administrator), and beneficiaries each have roles and rights. Courts prefer written evidence, but oral agreements can sometimes be enforced if there is reliable proof of the agreement and the parties’ intent. The probate court (or a civil court) may decide disputes about distribution, or the parties may resolve them by settlement or mediation.

Key legal background

• Hawaii law recognizes wrongful-death claims and who may bring them. See Hawaii Revised Statutes, Chapter 663, for the statutory framework governing wrongful-death actions: HRS Chapter 663.
• Probate and estate administration in Hawaii are handled through the state court system (the circuit courts’ probate divisions). The Hawaii State Judiciary provides self-help resources for probate matters: Hawaii Judiciary — Probate.

Who can enforce or dispute the oral agreement?

– The personal representative of the decedent’s estate has the primary duty to collect estate assets (including wrongful-death recoveries) and to distribute them according to the terms of the will or, if there is no will, under Hawaii intestate succession rules and court direction.

– Beneficiaries and persons who claim an interest in the wrongful-death proceeds can ask the probate court to approve or modify distributions, or they can file a civil action to enforce a contract if necessary.

How Hawaii courts treat oral agreements about estate proceeds

– Oral agreements are not automatically invalid. A valid oral contract requires offer, acceptance, and consideration. However, when the agreement concerns the disposition of estate assets, the probate court has oversight and may require clear proof of the parties’ agreed terms.

– Practical problems with enforcing oral agreements: fading memories, conflicting witness accounts, and insufficient proof of the exact terms. Courts weigh the totality of evidence — not just the parties’ post-hoc statements.

Step-by-step process to enforce or dispute an oral agreement in Hawaii

1. Preserve evidence immediately. Collect any contemporaneous proof: emails, text messages, voicemail, notes, witness names, bank transfers, or actions consistent with the agreement (e.g., interim payments). The stronger the documentary or corroborating evidence, the better your chances to enforce an oral agreement.
2. Ask for a written confirmation. If you are part of the agreement and the personal representative has not reduced the agreement to writing, request written confirmation or a proposed distribution plan. A signed writing eliminates most disputes.
3. File an informal demand or petition in probate. If the personal representative refuses to honor the oral agreement, you can file a formal petition in the probate division of the appropriate circuit court asking the court to: (a) approve the distribution consistent with the agreement, (b) order an accounting, or (c) issue instructions about distribution. Include any evidence supporting the oral agreement.
4. Consider mediation or settlement discussions. Probate courts often encourage settlement. Mediation can save time and expense and allow the parties to record the agreement in writing and ask the court to enter an order approving it.
5. File a civil action if necessary. If probate remedies are inadequate, a beneficiary or person claiming a contractual right can sue for breach of contract, unjust enrichment, or declaratory relief in civil court. The plaintiff must prove the oral agreement and show why the court should enforce it. The probate court may retain jurisdiction over distribution questions, so coordinate filings with the probate case.
6. Ask the court to enter a binding order. If the court finds the oral agreement was valid and enforceable, it can enter a judgment or decree ordering the distribution. If the court rejects the oral agreement, it will direct distribution under the will or Hawaii intestacy rules.

Evidence and proof — what helps an oral agreement succeed

• Contemporaneous writings (texts, emails, notes) that reference the agreement.
• Multiple independent witnesses who heard the agreement and can testify to its terms.
• Conduct by the parties that confirms the agreement (partial payments, actions taken consistent with the agreement, or transfers).
• Admissions by the personal representative or other parties.

Possible court outcomes and remedies

• The court enforces the oral agreement and orders the agreed distribution.
• The court refuses to enforce the agreement and orders distribution under the will or intestacy law.
• The court approves a settlement of the dispute reached by the parties and enters a court order implementing the settlement.
• The court awards monetary damages if it finds a breach of contract or unjust enrichment (less common in probate-driven distribution disputes when a direct distribution route exists).

Practical considerations and timing

– Acting quickly helps. Evidence disappears, witnesses relocate, and estate administration progresses. If you believe the estate will be distributed contrary to an oral agreement, preserve your position early by asking for court intervention or a written memo of the agreement.

– The probate court may require the personal representative to provide an accounting before it resolves distribution disputes. That accounting can reveal whether wrongful-death proceeds exist and how they were handled.

Helpful Hints

• Get everything in writing. Even a short email that confirms terms can be decisive.
• Collect and preserve evidence right away: texts, emails, witnesses, bank records, and any partial payments.
• Request an accounting from the personal representative to see what funds exist and how they’ve been handled.
• Consider mediation before litigation — it can produce a written, court-approvable settlement faster and cheaper.
• File timely petitions in probate court if the personal representative refuses to follow the agreement.
• Ask the court to convert any settlement into a written, signed court order so it is enforceable.
• Consult an attorney with experience in Hawaii probate and wrongful-death matters to evaluate your chances and next steps.