(a) Except as provided in subsection (b) and in sections 560:2-503, 560:2-506, and devise of certain types of tangible personal property” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>560:2-513, a will must be:

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Terms Used In Hawaii Revised Statutes 560:2-502

  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testator: A male person who leaves a will at death.
(1) In writing;
(2) Signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction; and
(3) Signed by at least two individuals, each of whom signed within a reasonable time after the individual witnessed either the signing of the will as described in paragraph (2) or the testator’s acknowledgment of that signature or acknowledgment of the will.
(b) A will that does not comply with subsection (a) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting.
(c) Intent that the document constitute the testator’s will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator’s handwriting.