How to Make a Valid Holographic Will (Hawaii)

If you need to make a will, but cannot arrange to have one professionally prepared or properly witnessed, you can make a Holographic Will. To do that, you must write out all of the important parts of the will in your own handwriting (printing is OK, but you must HAND WRITE it, it CANNOT be typed, printed on a computer, or written by anyone else other than you), and sign it. It’s a good idea to also date it.

It should state that it is your “Last Will and Testament,” and should include at least:

 – a statement that it “revokes all prior wills”;

 – a statement of who you want to be your Personal Representative (or Executor; they mean the same thing); an alternate is a good idea; and

 – a statement of who you want to get your assets (specific assets or amounts, and a general “residuary” clause, stating who gets ‘everything else’).

You may include who you want to look after your children, if you have minor children; and any other wishes you have, such as that your real estate be sold, that a loan you made to someone be forgiven, or that your executor find good homes for your pets.

Be SURE that nothing is contradictory; don’t leave “my furniture” to John and “all the contents of my house” to Mary (who gets the furniture that is in your house? John or Mary?). You could leave “my diamond jewelry to Mary” and “all the REST of my jewelry to Sue” (same would work for “furniture” and “all the REMAINING contents of my house”). Be very clear about specific gifts – do you mean “all my stocks” (including stocks in a brokerage account), or “all of my individual stocks, not part of a brokerage account”? Do you mean “all of my cash” (currency only) or “all of my cash and bank accounts”?

You should sign and date at the bottom (stuff AFTER your signature may not be enforced), and number the pages “1 of 2,” “2 of 2” etc. Not a bad idea to initial at the bottom of each page.

Give your will to the person you want to be executor, or at least tell them where they can find it if you die.

AND GET IT REVIEWED BY AN ATTORNEY AS SOON AS YOU CAN! There can be hidden traps and problems, that you might not notice; better to have it reviewed while you can still change it.

Published on March 27, 2020 at 2:34 am  Comments Off on How to Make a Valid Holographic Will (Hawaii)  
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