{"id":372921,"date":"2016-03-31T21:35:06","date_gmt":"2016-04-01T02:35:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/hawaii-law\/hawaii-wills-laws.html"},"modified":"2023-04-17T16:58:16","modified_gmt":"2023-04-17T21:58:16","slug":"hawaii-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/hawaii-law\/hawaii-wills-laws.html","title":{"rendered":"Hawaii Wills Laws"},"content":{"rendered":"\n
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Hawaii Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most of our preconceived notions about what a last will and testament can do come from books, movies, or television, and might not always be accurate. Maybe you\u2019re holding out hope some distant relative will bequeath you a financial windfall, or you’re looking to inherit the family business. So how do wills<\/a> in the Aloha State actually work? And who can pass on what, and to whom? This is a quick introduction to wills laws in Hawaii.<\/p>\r\n

Wills, Generally<\/h2>\r\n

A will is a legal document that details what exactly should happen to an individual’s property after he or she dies. A person’s will could state that her beach house should go to her niece, or that her library of pirate books be donated to the local library. And state wills laws<\/a> can differ when it comes to oral or handwritten wills. For example, Hawaii does not recognize oral wills, but may honor a handwritten testament if the signature and significant portions of the will are in the testator\u2019s handwriting.<\/p>\r\n

Wills Laws in Hawaii<\/h2>\r\n

Hawaii’s wills statutes are listed below.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

Hawaii Revised Statutes 560-1, et seq.<\/a>: Uniform Probate Code<\/p>\r\n<\/td>\r\n<\/tr>

Age of Testator<\/p>\r\n<\/td>\r\n

18 years or older and of sound mind<\/p>\r\n<\/td>\r\n<\/tr>

Number of Witnesses<\/p>\r\n<\/td>\r\n

Signed by at least two individuals, each of whom signed within a reasonable time after the individual witnessed either the signing of the will or the testator’s acknowledgment of that signature or acknowledgment of will.<\/p>\r\n<\/td>\r\n<\/tr>

Nuncupative (Oral Wills)<\/p>\r\n<\/td>\r\n

Not recognized<\/p>\r\n<\/td>\r\n<\/tr>

Holographic Wills<\/p>\r\n<\/td>\r\n

A will that does not comply with subsection (a) is valid as a holographic will, whether or not witnessed, if the signature and material portions of document are in the testator’s handwriting.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Understanding Wills<\/h2>\r\n

The \u201clegalese\u201d in Hawaii estate planning laws can sound confusing to a layperson. For example, \u201cprobate\u201d refers to the process of implementing a will or otherwise administering a person\u2019s \u201cestate,\u201d or all of their real and personal property after they pass away. The \u201ctestator\u201d is the person whose after-death wishes are explained in the will. A \u201cnuncupative\u201d will is an oral, spoken, or otherwise unwritten will (not legally recognized in Hawaii), and a \u201cholographic\u201d will is handwritten, and is generally subject to more scrutiny than a typed or printed will.<\/p>\r\n

Related Resources for Wills Laws in Hawaii<\/h2>\r\n

State wills laws can be confusing, and can make difficult to create a will that does exactly what you want. You can consult with an experienced Hawaii wills attorney<\/a> if you would like legal help with a wills matter. And FindLaw\u2019s section on Wills<\/a> can provide you with further reading and resources on this topic, including information on creating<\/a> and changing a will<\/a>.<\/p>\r\n

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