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.
First, it is important to know that the presence of a lawyer when writing up a will is not mandatory. There exists online will writing programs and software. These would count as legal wills although the assistance of a lawyer would help the testator. This is because a lawyer may help ensure that the clauses in the will do not leave loopholes that may be contested in court.
There exist very clear statutory requirements regarding the process of making a will. First, the will must be in writing. Oral wills are not considered in case of death of the testator. Ones it has been written, it should have a very clear signature of the testator. In some cases, the testator may not be in a position to write therefore, the writer should sign on behalf of the testator in his conscious presence by his sound instructions.
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.
Ensuring that family is well taken care of for years to come is of great importance. This is not only done by selecting a guardian but by also ensuring that the assets are given to the most deserving. In cases where the children are minors, one should ensure that the right guardian is chosen.
First, it is important to know that the presence of a lawyer when writing up a will is not mandatory. There exists online will writing programs and software. These would count as legal wills although the assistance of a lawyer would help the testator. This is because a lawyer may help ensure that the clauses in the will do not leave loopholes that may be contested in court.
There exist very clear statutory requirements regarding the process of making a will. First, the will must be in writing. Oral wills are not considered in case of death of the testator. Ones it has been written, it should have a very clear signature of the testator. In some cases, the testator may not be in a position to write therefore, the writer should sign on behalf of the testator in his conscious presence by his sound instructions.
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.
Ensuring that family is well taken care of for years to come is of great importance. This is not only done by selecting a guardian but by also ensuring that the assets are given to the most deserving. In cases where the children are minors, one should ensure that the right guardian is chosen.
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