How to Make a Valid Will in Hawaii
Hawaii has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in HI.
Hawaii Will Requirements at a Glance
Who Can Make a Will in Hawaii?
You must be at least 18 years old to make a will in Hawaii. Emancipated minors may make a will under the UPC framework. The testator must be of sound mind: understand the nature and extent of their property, know the natural beneficiaries of their estate, and comprehend the testamentary act
Signing Requirements
Must be in writing on paper. Can be typed, printed, or handwritten. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction.
Witness Requirements in Hawaii
Hawaii requires 2 witnesses. Generally competent individuals. Interested witnesses do not invalidate the will under Hawaii's UPC framework. Each witness must sign within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will.
Interested witnesses: The will is not invalid because it is signed by an interested witness
Notarization in Hawaii
Notarization is not required for a will to be valid in Hawaii. Not required for validity. Required for a self-proving affidavit
Self-Proving Affidavit
Hawaii allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. The testator and witnesses must sign an affidavit before an officer authorized to administer oaths, evidenced by the officer's certificate under official seal. A model form is provided in HRS 560:2-504
Handwritten (Holographic) Wills
Hawaii does recognize holographic wills. Valid whether or not witnessed if the signature and material portions of the document are in the testator's handwriting. Intent may be established by extrinsic evidence, including non-handwritten portions (HRS 560:2-502)
Electronic Wills
Hawaii does not currently recognize electronic wills. Hawaii does not currently recognize electronic wills. The will must be on paper in writing
How to Revoke a Will in Hawaii
In Hawaii, a will can be revoked by:
- •Executing a subsequent will that revokes the previous will expressly or by inconsistency
- •Performing a revocatory act on the will (burning, tearing, canceling, obliterating, or destroying)
- •Another individual may perform the act in the testator's conscious presence and by the testator's direction
HRS 560:2-507
Special Provisions in Hawaii
Hawaii is a separate property state. Provides an elective share for the surviving spouse under HRS 560:2-202 following the UPC augmented estate approach
Relevant Hawaii Statutes
- HRS 560:2-501 (Who may make a will)
- HRS 560:2-502 (Execution; witnessed wills; holographic wills)
- HRS 560:2-504 (Self-proved will)
- HRS 560:2-507 (Revocation by writing or by act)
- HRS 560:2-202 (Elective share)
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