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 law allows one to dispose of his assets as he wills. The will may be used to state a guardian for the minor children left behind. The testator may also clearly state the individual he wishes to be his administrative representative. In some instances, the ability of the testator to allocate his assets is constrained. For instance, he is not allowed to transfer insurance benefits to another individual.
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.
Also, one does not need to notarize the will to make it legal. A will is legal if the basic requirements are met. These include the existence of two witnesses and their signatures. Also, that the will is written in the conscious presence of the testator or by himself. However, one may make the will self proving by swearing affidavit. This helps the executors in that it is not mandatory for them to consult the witnesses stated to prove the validity of the will.
In case a different person did the revocation act, it must be in the conscious presence of the testator and by his request. Revoking the will can also be done by making another will that nullifies the previous will. This is legally actionable if the will is made by the testator or by a different individual with the instruction of the testator. It can be done to revoke the entire will or part of it as stated in the law.
At times, self proven affidavits are allowed. They are made before an officer authorized to administer oaths under the laws of the Island. The affidavits are sworn by both the testator and witnesses. It is done as a proof that none of them was coaxed and that they allow the execution of the same.
When making a will, it is very important to put into consideration all the crucial details that may result to unending court cases after one has passed on. To avoid family wrangles over property, composing a will helps greatly is distribution of wealth and selecting guardians for the children and pets. It is therefore important to understand that the will is not just a wealth distribution document.
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.
The law allows one to dispose of his assets as he wills. The will may be used to state a guardian for the minor children left behind. The testator may also clearly state the individual he wishes to be his administrative representative. In some instances, the ability of the testator to allocate his assets is constrained. For instance, he is not allowed to transfer insurance benefits to another individual.
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.
Also, one does not need to notarize the will to make it legal. A will is legal if the basic requirements are met. These include the existence of two witnesses and their signatures. Also, that the will is written in the conscious presence of the testator or by himself. However, one may make the will self proving by swearing affidavit. This helps the executors in that it is not mandatory for them to consult the witnesses stated to prove the validity of the will.
In case a different person did the revocation act, it must be in the conscious presence of the testator and by his request. Revoking the will can also be done by making another will that nullifies the previous will. This is legally actionable if the will is made by the testator or by a different individual with the instruction of the testator. It can be done to revoke the entire will or part of it as stated in the law.
At times, self proven affidavits are allowed. They are made before an officer authorized to administer oaths under the laws of the Island. The affidavits are sworn by both the testator and witnesses. It is done as a proof that none of them was coaxed and that they allow the execution of the same.
When making a will, it is very important to put into consideration all the crucial details that may result to unending court cases after one has passed on. To avoid family wrangles over property, composing a will helps greatly is distribution of wealth and selecting guardians for the children and pets. It is therefore important to understand that the will is not just a wealth distribution document.
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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