Hawaii

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

§560:2-501, et seq

Operative Facts

1. Can be made by any competent person, at the age of majority
2. document must be made in writing
3. document must be signed by declarant or another person in his presence and at his expressed direction
4. document must be dated
5. document must be signed in presence of 2 or more adult witnesses
6. all signatures must be notarized
7. not effective when pregnant
8. becomes effective in terminal condition or permanent loss of ability to communicate concerning medical treatment (sample form §327D-4)

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

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 testators acknowledgment of that signature or acknowledgment of will

Oral Will Recognition

Not recognized

Holographic Will Recognition

Not recognized