There are many good reasons to support the petition of the Abigail KK Kawananakoa Foundation to join the legal battle over control of the Campbell Estate heiress’ estate. Potentially, there are up to $100 million of them.
The original plan was that roughly half of Kawananakoa’s $215 million trust fund would underwrite the foundation, ultimately benefiting the Native Hawaiian people by supporting their culture and financial and social needs.
However, a battle royal has ensued over its disposition — and the choice of the term “royal” is not accidental. Kawananakoa is the descendant of Prince David Kawananakoa, who had been an heir to the Hawaiian throne.
But the Campbell heiress herself is a ranch owner and equestrian better known in recent years for her philanthropic support of various Native Hawaiian charities and causes.
So it is in keeping with that tradition that the foundation aims, rightly, to assert its interests in the Probate Court case.
Kawananakoa established the foundation in 2001 with herself as trustee and its only board member. As part of the successorship plan she named attorney James Wright as successor trustee in the event of her becoming incapacitated. She suffered a stroke last year, and Wright’s trusteeship was approved by the court.
He also established a board of directors to give the foundation a voice in the proceedings.
But Kawananakoa’s wife, Veronica Gail Worth, has countered with a petition to return control of the trust to Kawananakoa; Worth contends that the heiress is capable of handling her own affairs.
Circuit Judge R. Mark Browning named a court master, Honolulu attorney James Kawachika. A psychiatrist has determined that Kawananakoa is unable to handle her own financial affairs.
However, Kawachika in the end recommended that Wright be removed as a trustee, to be replaced by Worth and two other trustees; and that Kawananakoa be allowed to change or revoke her trust.
It is, in fact, time to hit a pause button and allow for some due diligence here. The foundation is being represented by the Native Hawaiian Legal Corp. (NHLC), which will seek a continuance to allow for the review of the hefty legal filings and advocate competently for the foundation.
NHLC executive director, Moses Haia, said there has been clear evidence of Kawananakoa’s intent for her estate after her death, both in the foundational documents of the trust and in subsequent interviews and a significant record of philanthropic gestures. Haia quoted the trust’s stated purpose “to continue to maintain, support, preserve and foster the traditional Hawaiian culture.”
The board now includes the names of three noted figures from the Hawaiian community: Oswald Stender, former Kamehameha Schools and Office of Hawaiian Affairs trustee, is the foundation board president.
The other two directors are Jan Dill, founder and president of the Partners in Development Foundation, which supports Hawaiian families through indigenous cultural traditions; and Lilikala Kame‘eleihiwa, professor at the University of Hawaii’s Center for Hawaiian Studies.
Haia questioned why the master decided against a recommendation in line with medical advice.
“Bottom line is we want to make sure Abigail is OK, and if she’s changed her mind she’s done it with sound mind,” Haia said. “Part and parcel of her well-being is ensuring her intent is followed.”
The foundation’s directors are credible advocates for Hawaiian causes who can provide a perspective independent of any personal financial interests — something that is acutely needed in this case.
It’s time to give those advocates a chance to speak on behalf of a community that sorely needs the foundation’s help. A fair decision depends on all the interested parties being heard.
