In a contested case hearing in which the proper execution of a will is at issue, the following rules shall apply:

(1) If the will is self-proved pursuant to section 560:2-504, the will shall be deemed to satisfy the requirements for execution without the testimony of any attesting witness, upon filing the will and the acknowledgement and affidavits annexed or attached to it, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit; and
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Terms Used In Hawaii Revised Statutes 560:3-406

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) If the will is witnessed pursuant to section 560:2-502(a)(3), but not self-proved, the testimony of at least one of the attesting witnesses shall be required to establish proper execution if within this State, competent, and able to testify. Proper execution may be established by other evidence, including an affidavit of an attesting witness. An attestation clause that is signed by the attesting witnesses shall raise a rebuttable presumption that the events received in the clause occurred.

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