Is there a way to prepare a will if you are unable to afford an estate planning attorney?

By Devin Kamealoha Forrest, Esq., NHLC Staff Attorney and Research Specialist

In Hawaiʻi, wills are governed by The Uniform Probate Code under Hawaiʻi Revised Statutes (“HRS”) §560. This law generally outlines three criteria which are necessary for a document to be considered a valid will.

First, the document must be in writing. Second, the document must be signed by either the testator (person making the will) or by some other individual at the direction of the testator and while in the testator’s presence. Third, the document must be signed by at least two individuals within a reasonable time after they witnessed the signing of the will or after the testator has acknowledged their own signature on the will and/or has acknowledged the will itself.

While this may seem complex for some, the Uniform Probate Code also provides a more straightforward process through the creation of a holographic will. A holographic will need only be in the testator’s own handwriting and must clearly indicate that the testator intended the document to be a will. This type of will may be a workable alternative for those who want to have something in writing to protect their assets, but do not want or are unable to afford estate planning with an attorney.

Creating a will in one of these ways does not prevent you from later amending your will or creating other estate planning documents with an attorney to protect your assets, if desired.

Any form of estate planning has become a vital tool in the preservation of ʻohana property interests. Without such planning, a common problem that can occur is real property not being conveyed in the manner an owner originally intended.

When there is no clear will or conveyance, the property will be conveyed through intestate succession, which can fracture the real property interest of an ʻohana and, in some instances, could result in the division of the real property interest in a manner not originally desired.

However, it is also important to note that you may only convey interest in land that you actually own; title or an interest in the title must already be in your name in order for the will to convey the real property interest.

E Nīnau iā NHLC provides general information about the law. E Nīnau iā NHLC is not legal advice. You can contact NHLC about your legal needs by calling NHLC’s offices at 808-521-2302. You can also learn more about NHLC at nativehawaiianlegalcorp.org.