Hawaii Last Will and Testament Form

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Hawaii Last Will and Testament: What Is It?

In Hawaii, a Last Will and Testament is a document that a Testator (the person who passes down or distributes their assets once the pass away) creates to ensure that his or her assets are given to the proper people, and not seized by the state. Although these documents are a legal means of a Testator transferring or distributing his or her assets, it is not recognized by the state of Hawaii unless it is signed by two attesting witnesses and notarized by a Notary Public.


State Specific

Last Will and Testament laws vary between states. Below are the defined laws for the state of Hawaii.


Definition of Will - § 560:1-201


Laws - Chapter 560: Uniform Probate Code


Witnesses - According to § 560:2-202, the Will must be signed by two (2) witnesses.


Writing your Last Will and Testament in the State of Hawaii

Step 1 - After opening your FormSwift template, input your name and your gender.


Step 2 - State the city and county where you live


Step 3 - Specify your marital status

:

  • Married
  • Divorced
  • Engaged
  • Widowed
  • Separated
  • Single

Next, provide the name of your spouse (unless you are single).


Step 4 - Provide the following information as it applies to your situation:

  • Life Insurance - policy number, company name, contact information
  • Children - names, deceased or living, and whether or not they will be named as a beneficiary
  • Pets - names, species

Step 5 - In this section, specify how much or what percentage you’d like to leave each child.

Step 6 - Would you like to set up a trust for someone who is disabled, or perhaps for someone who has a mental illness and requires special care? Setting up a trust can prevent any interference with their ability to receive benefits like Supplemental Security and Medicaid.


Step 7 - Answer the following questions:

  • How old will children be when they begin receiving benefits?
  • What percentage or what amount will they receive?
  • How old will they be when the benefits come to an end?

Step 8 - Is there a particular funeral home you would like your body taken to? If so, provide that information in this section.


Step 9 - Do you have any specifics on the meal after your service?


Step 10 - Naming an Executor - Provide information on your Executor (Appointing an Executor is important. If you neglect to appoint an Executor, the court may appoint one for you):


  • Executor’s name
  • Relationship with you

Step 11 - If your assets are already in a trust, you’ll need to appoint someone to distribute them out of your trust. Name your Trustee:


  • Name of Trustee
  • Relationship to you


Additionally, if you wish to name an alternate Trustee or if there is someone you don’t want acting as the Trustee over your will, be sure to name them in this step as well.


Step 12 - Digital Executor - If you have digital assets, such as digital currency, copyrights, royalties, etc., you may appoint a Digital Executor. This person is charged with executing your digital assets. Name them by entering the following information:


  • Digital Executioner
  • Relationship to you

Step 13 - Guardian for Minor Children - If you have children who are minors, you may want to name a guardian over them if something unfortunate happens to you:


  • Name of Guardian
  • Relationship with you

Step 14 - If there are additional beneficiaries that you’d like to appoint besides your children (should you have any), you may name them here:

  • Name
  • Relationship to you
  • Inheritance amount/percentage

Step 15 - Disinheriting an Individual - If you wish to disinherit an individual, provide their information below:

  • Disinherited person’s name
  • Disinherited person’s relationship to you

Step 16 - Witnesses - Provide the following information about each witness:

  • Name
  • Mailing address (including city, state, zip code)
  • Contact Number

Be sure to have your witnesses sign the document, attesting that you have created this Will and are of sound mind doing so. Additionally, have your document notarized by a Notary Public.


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