Hawaii Wills, Trusts, and Probate

Regardless of your familial or monetary situation, it is important to create an estate plan and continually revise your estate plan upon the occurrence of significant life events (i.e.-marriage, divorce, birth of children, incapacity, special needs, death, retirement, etc.). A well-drafted estate plan may include several documents, including but not limited to: durable power of attorney, will, trust, advanced care directive, and/or healthcare surrogate designation.

When creating and updating your estate plan, consider hiring a Hawaii estate planning lawyer, who can help you construct the most favorable estate plan possible for your personal situation.

Hawaii Will

A will must have specific legal wording in Hawaii in order to be legal. If the will does not have this wording, it is possible that your estate will not be dispensed exactly as you would like. A proper Hawaii will requires:

To ensure that you meet the Hawaii legal formalities and requirements for wills, you should get in touch with a Hawaii estates and trusts lawyer about your will.

Changing a Will in Hawaii

When you modify your will, you must be sure to follow all the Hawaii legal specifications and formalities for wills generally. To alter your will, you may write a completely new will and destroy the old will (by burning, obliterating, tearing, etc.). Alternatively, you may draft an amendment to the will on a separate piece of paper and attach it to the will. Consult a Hawaii will attorney about your options when changing your will, and about any modifications you make to your will.

Hawaii Trust

An alternate means of distributing your assets after your death is through a trust. Creating a Hawaii trust will give you flexibility, privacy, and the possibility to save on taxes and avoid the probate process. Trusts come in several different forms (revocable, irrevocable, living), and may be established for numerous purposes (i.e.-educational trust, special needs trust, life insurance trust, charitable trust). Although trusts are beneficial vehicles, their establishment can be a convoluted and difficult process. Because of this, you should contact a Hawaii trusts attorney to help you construct the trust that is right for you.

Hawaii Probate

Property mentioned in a decedent's will, may be distributed after going through the formal probate process. But, if some of the decedent's property is not mentioned in his or her will, or if the decedent does not leave a will, the property will pass by Hawaii laws of intestate succession. This means that decedent's assets will be dispensed according to a person's degree of blood relationship to the decedent.

In Hawaii, when intestate succession applies, or when the will is ambiguous about the decedent's recipients or the allocation of property, interested persons may petition the probate court. The probate court may then decide who should receive the decedent's property and what amount of property each person should receive.

A non-exhaustive list of relationships that may be relevant to the intestate distribution of property

1. Spouses
2. Descendants (including-half-blood, out of wedlock, adopted, after-born)
1. Children
2. Grandchildren
3. Parents
4. Siblings
5. Grandparents
6. Aunts and uncles

• Portions of the decedent's property may not go through probate:
• contract assets – assets to be paid to a particular person (i.e.-IRAs, trusts, life insurance policies);
• jointly held property – ownership of the money or property belongs to both the decedent and other persons. Upon the decedent's death, his share of the assets is automatically transferred to the joint owners. Examples of such assets include: shared homes, automobiles, and/or bank accounts; and,
• non-probate assets – the will or trust makes it clear who should receive the property. The property is then passed to that person directly.

After a will is finished, people may still try to dispute the terms of the will. Because of this possibility, you should discuss any anxiety you have about your will with a Hawaii probate lawyer.

Hawaii Statutes

Hawaii Statutes, Title 30A – Estates and Trusts

1. Probate Code: Wills
1. Hawaii Statutes, Tit. 30A, Chp. 560, Art.2, §§ 501 –711.
2. Probate Code: Intestate Succession
1. Hawaii Statutes, Tit. 30A, Chp. 560, Art. 2, §§ 101- 114.
3. Probate Code:  General Provisions
1. Hawaii Statutes, Tit. 30A, Chp. 560, Art. 1 §§ 101-403.
4. Probate Code:  Administration of Estates
1. Hawaii Statutes, Tit. 30A, Chp. 560, Art.3.
5. Hawaii Trust Code
1. Hawaii Statutes, Tit. 30A, Chp. 560, Art.7, §§ 101-501.