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Hawaii Last Will and Testament

A Hawaii will needs 2 witnesses and can be self-proving with a notarized affidavit. Holographic wills are valid too. Free template, attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property after you die, names the person (called your personal representative, sometimes still called an executor) who will administer your estate, and can name a guardian for any minor children. Hawaii follows the Uniform Probate Code at Hawaii Revised Statutes (HRS) Chapter 560. A valid Hawaii will must be in writing, signed by the testator (the person making the will), and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the testator's signature or acknowledgment (HRS 560:2-502(a)). An interested witness, meaning a witness who is also named as a beneficiary, does not invalidate the will or the gift under HRS 560:2-505, though using disinterested witnesses is still the safer practice. The will itself does not need a notary; witnesses are the required formality. Hawaii separately allows a self-proving affidavit under HRS 560:2-504, a sworn statement signed by the testator and witnesses before a notary that lets the will skip live witness testimony in probate; that affidavit is the one part of the process that does involve a notary. Hawaii also recognizes holographic (handwritten, unwitnessed) wills under HRS 560:2-502(b), valid if the signature and material portions are in the testator's handwriting. A testator must be at least 18 years of age and of sound mind (HRS 560:2-501). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the person (your personal representative, sometimes called an executor) who will administer your estate after you die. It can also name a guardian for minor children.

  2. 2

    Hawaii requires at least two witnesses. Under HRS 560:2-502(a) a will must be in writing, signed by the testator, and signed by at least two individuals who each witnessed the testator's signing or acknowledgment. The witnesses do not have to sign in the testator's presence or in each other's presence, only within a reasonable time after witnessing.

  3. 3

    An interested witness does not void the will. HRS 560:2-505 provides that the signing of a will by an interested witness, meaning one who also receives a gift under it, does not invalidate the will or that gift. Using disinterested witnesses is still recommended to avoid any dispute.

  4. 4

    A self-proving affidavit is available and needs a notary. Under HRS 560:2-504 the testator and witnesses can sign a sworn affidavit before an officer authorized to administer oaths (a notary), which lets the will be admitted to probate without locating the witnesses later. This affidavit, not the will itself, is the part that involves a notary.

  5. 5

    Holographic (handwritten) wills are recognized in Hawaii. HRS 560:2-502(b) validates a will that is not properly witnessed as a holographic will if the signature and the material portions of the document are in the testator's own handwriting.

  6. 6

    You must be at least 18 and of sound mind. HRS 560:2-501 allows an individual eighteen years of age or older who is of sound mind to make a will.

  7. 7

    A will can be revoked by a later will or by a physical act. HRS 560:2-507 allows revocation either by executing a subsequent will that revokes the prior one, expressly or by inconsistency, or by a revocatory act such as burning, tearing, canceling, obliterating, or destroying the will with intent to revoke. Divorce also revokes gifts to a former spouse under HRS 560:2-804.

Key decisions before you file

Before you file a Last Will and Testament in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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HAWAII LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [YOUR FULL NAME], a resident of [COUNTY] County, Hawaii, being eighteen years of age or older and of sound mind (HRS 560:2-501), declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made. I am under no constraint or undue influence in making this will.

  2. PERSONAL REPRESENTATIVE (EXECUTOR) APPOINTMENT I appoint [NAME] as personal representative (executor) of my estate, to serve without bond if permitted by law. If that person cannot or will not serve, I appoint [SUCCESSOR NAME] as successor personal representative.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property here, naming each beneficiary and the specific item or amount given to them. List any real property, vehicles, personal effects, and specific sums of money separately.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, meaning everything not specifically listed above, to [RESIDUARY BENEFICIARY NAME(S)]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE This will was signed by me, the testator, and by at least two witnesses, in accordance with HRS 560:2-502. Each witness signed within a reasonable time after witnessing my signature or my acknowledgment of the will, as Hawaii law requires. Hawaii does not require the witnesses to sign in my presence or in each other's presence, only within a reasonable time after witnessing either the signing or my acknowledgment of it.

Signed: _____________________________ [TESTATOR NAME], Testator Date: [DATE]

Witness 1: _____________________________ Address: [ADDRESS] Witness 2: _____________________________ Address: [ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Hawaii recognizes a self-proving affidavit under HRS 560:2-504. The testator and both witnesses may sign the following affidavit before a notary public (an officer authorized to administer oaths) so the will can be admitted to probate without needing to locate the witnesses later to testify.

State of Hawaii, County of [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, declare to the notary that the testator signed this will as a free and voluntary act, that the testator is eighteen years of age or older and of sound mind and under no constraint or undue influence, and that each witness signed at the testator's request in the manner Hawaii law requires.

_____________________________ Testator _____________________________ Witness 1 _____________________________ Witness 2

Subscribed and sworn before me this [DATE].

Notary Public, State of Hawaii My commission expires: [DATE]

Note: This is a Hawaii will skeleton governed by HRS Chapter 560 (the Uniform Probate Code as enacted in Hawaii). A witness who also receives a gift under the will (an interested witness) does not invalidate the will or that gift under HRS 560:2-505, but choosing witnesses who receive nothing under the will is still the safer practice. Hawaii also recognizes a holographic (handwritten, unwitnessed) will under HRS 560:2-502(b) if the signature and material portions are in the testator's own handwriting, though a properly witnessed will like this one is more reliable in probate. Divorce automatically revokes gifts to a former spouse under HRS 560:2-804, so review this will after any major life change. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Hawaii in about a minute, and notarize it online through DocDraft if it does.

Hawaii Requirements for Last Will and Testament

Sign the Will in Writing With Two Witnesses

A Hawaii will must be in writing, signed by the testator, and signed by at least two individuals, each of whom signed within a reasonable time after witnessing the testator's signature or acknowledgment of the will (HRS 560:2-502(a)). The witnesses need not sign in the testator's presence or each other's presence.

An Interested Witness Does Not Invalidate the Will

Under HRS 560:2-505, the signing of a will by an interested witness, meaning a witness who also receives a gift under the will, does not invalidate the will or that gift. Choosing witnesses who receive nothing under the will is still the safer practice to avoid a later dispute.

The Will Itself Does Not Require a Notary

Hawaii does not require a will to be notarized under HRS 560:2-502; the required formalities are a writing, the testator's signature, and at least two witnesses. A notary is only involved if the testator adds the optional self-proving affidavit.

A Self-Proving Affidavit Is Available and Requires a Notary

Hawaii allows a will to be made self-proving under HRS 560:2-504 through an affidavit signed by the testator and witnesses before an officer authorized to administer oaths (a notary). A self-proved will can be admitted to probate without locating the witnesses to testify.

Holographic (Handwritten) Wills Are Recognized

HRS 560:2-502(b) recognizes a holographic will, valid even if unwitnessed, when the signature and the material portions of the document are in the testator's own handwriting. Extrinsic evidence may also help show testamentary intent under HRS 560:2-502(c).

Minimum Age and Capacity

A testator must be eighteen years of age or older and of sound mind to make a valid will in Hawaii (HRS 560:2-501). The self-proving affidavit form in HRS 560:2-504 further recites that the testator acted under no constraint or undue influence.

Revoking a Prior Will

A Hawaii will can be revoked by executing a later will that revokes it, expressly or by inconsistency, or by a revocatory act performed with intent to revoke, such as burning, tearing, canceling, obliterating, or destroying the will or part of it (HRS 560:2-507).

Divorce Automatically Revokes Gifts to a Former Spouse

Under HRS 560:2-804, a divorce or annulment (or termination of a reciprocal beneficiary relationship) automatically revokes any revocable disposition, appointment, or fiduciary nomination in favor of the former spouse or former reciprocal beneficiary, unless the governing instrument, a court order, or a contract provides otherwise. Update your will after a divorce to confirm your wishes.

Does your Last Will and Testament need to be notarized in Hawaii?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A Hawaii will needs at least two witnesses under HRS 560:2-502(a), each of whom must sign within a reasonable time after witnessing the testator sign or acknowledge the will. HRS 560:2-505 provides that a witness who is also a beneficiary (an interested witness) does not invalidate the will or that witness's gift, but using two disinterested witnesses avoids any question later.

No. A Hawaii will itself only needs to be signed by the testator and at least two witnesses under HRS 560:2-502; no notary is required for the will to be valid. A notary is used only for the optional self-proving affidavit under HRS 560:2-504, a separate sworn statement that speeds up probate by letting the will skip live witness testimony.

Yes. HRS 560:2-502(b) recognizes a holographic will, even unwitnessed, if the signature and the material portions of the document are in the testator's own handwriting. Testamentary intent can also be shown by extrinsic evidence under HRS 560:2-502(c). A properly witnessed typed will is still generally more reliable in probate.

Put your wishes in writing, sign the document (or have someone sign in your conscious presence at your direction), and have at least two people witness your signature or your acknowledgment of it, each signing within a reasonable time under HRS 560:2-502(a). You must be 18 or older and of sound mind under HRS 560:2-501. Adding a notarized self-proving affidavit under HRS 560:2-504 can simplify probate later.

A valid Hawaii will is in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses who each saw the signing or acknowledgment, per HRS 560:2-502(a). The testator must be 18 or older and of sound mind under HRS 560:2-501. A holographic will can also be valid under HRS 560:2-502(b) without witnesses if the signature and material portions are handwritten.

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary, that Hawaii allows under HRS 560:2-504. It lets a will be admitted to probate on the affidavit alone, without needing to locate and question the witnesses in court. HRS 560:2-504(c) treats a signature on the affidavit as a signature on the will if needed to prove execution.

You must be at least 18 years of age and of sound mind to make a will in Hawaii, under HRS 560:2-501. The statute does not further define sound mind in the code section itself, though the self-proving affidavit form in HRS 560:2-504 recites that the testator is of sound mind and under no constraint or undue influence.

Under HRS 560:2-507 you can revoke a Hawaii will by executing a later will that revokes it, expressly or by inconsistency, or by a revocatory act performed with intent to revoke, such as burning, tearing, canceling, obliterating, or destroying the will or part of it. Separately, HRS 560:2-804 automatically revokes gifts and appointments in favor of a former spouse (or former reciprocal beneficiary) upon divorce or termination of that relationship, unless the governing instrument, a court order, or a contract says otherwise.