The Island of Hawaii has some of the strictest laws with regard to wills. Being a citizen of Hawaii, one must understand fully the great importance of having a will. Also, one must know the legal requirements with regards to making of a will and execution of the same. For those who wish to draft their wills Hawaii has some of the best professionals.
The minimum age for someone to make a will in Hawaii is eighteen years. It is required that a will be in written form with the presence of a witness. The testator be of sound of mind. This is because if there exists proof that the individual is mentally incapacitated or is a minor, the contents of the will become null and void.
In cases where the ownership of property is shared, the property automatically goes to the surviving partner. It is also not possible to transfer retirement benefits to family or any other individual. The spouse always has a right to a percentage of the assets. This is determined by the amount of time that the two have been married as clearly stated in Hawaii law. The law does not clearly state how pets should be taken care of but the testator has a right to assign a guardian for the pet.
The law requires that a will must be signed by two other individuals. These individuals act as the witnesses of the making of the will. The two individual should sign within a reasonable amount of time after the testator has signed the will, acknowledged the will or acknowledged the signing of the will. Any individual is qualified to act as witness as long as it is by the approval of the testator. Being a witness does not affect the position of any allocation to him in the will.
It is important to state a personal representative in the will. The stated person carries out the job of executing all provisions stated in the will. If the testator does not state a representative, the probate court appoints someone to carryout the job of winding up the estate.
A judicial process referred to as the probate is carried out ones the testator dies. The probate begins by validating the will before executing it. It pays off all debts and taxes of the estate and then distributes the proceeds as stated in the will. In some cases the testator may own property in both the Island and a different country. Here, two probates will take place to take charge of all the properties.
The execution of a will is valid if it complies with the law at the set time of execution. This clause is affected by the location of the assets stated. The place where the testator dies and also the conditions stated in the will.
In cases where no will was made, the testator is said to have died intestate. This is because; the distribution of the assets is left solely to the state. Here, the state may decide to allocate all the assets to the spouse, children or parents.
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Learn More About Wills Hawaii Professionals
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