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Why DIY Wills Can Go Wrong in Hawaiʻi: 3 Questions to Ask First

Updated: Aug 1


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With so many websites offering “fast and easy” ways to create a will, it’s tempting to think you can handle your estate planning yourself — especially if you're trying to save money or you think your situation is simple.


And yes, in some cases, you can create a will online. But should you?


Before diving into a DIY estate plan, it’s important to understand how online will services work — and where they fall short. In fact, families across Honolulu and throughout Hawaiʻi have learned the hard way that a cheap online will can create more problems than it solves.


To help you decide if an online will is right for you, ask yourself these three questions first:


1. Will an Online Will Keep Your Family Out of Court?


Most people in Hawaiʻi want to avoid court drama when they pass — and understandably so. Probate court can be expensive, slow, and emotionally draining, especially for families already dealing with loss.


But here’s the truth: a will by itself won’t avoid probate.


If you use an online platform to draft your will, those documents will still need to go through the Hawaiʻi probate process before your assets can be distributed. That means court involvement, potential delays, and public access to your private matters.


To truly protect your loved ones and keep them out of court, you need a more complete plan. That often includes a properly funded trust, updated beneficiary designations, and sometimes even family conversations to prevent conflict.


Through our Life & Legacy Planning Process, we guide Honolulu families through those decisions, helping you create a plan that works when your family needs it most.


2. Is Your Online Will Legally Valid in Hawaiʻi?


Each state has different rules about how a will must be signed and witnessed to be legally binding. In Hawaiʻi, if your will isn’t executed correctly — even if you used an online service — it can be declared invalid.


If that happens, it’s like the will never existed. A judge would then decide who manages your estate and who gets what, based on state intestacy laws, not your wishes.


So even if you use a DIY service, you’ll need to carefully follow Hawaiʻi’s legal requirements for signing your will. If you’re unsure whether you’re doing it correctly, it’s best to have a professional guide you.


3. Will the Court Honor Your Choice of Executor?


Naming the right executor — and making sure they’re legally qualified — is one of the most overlooked parts of an online will.


In Hawaiʻi, if your executor doesn’t meet the state’s qualifications (such as being bonded if the will doesn’t waive that requirement), the court may reject your choice. Unfortunately, this happens more often than you might think when people use generic will templates that don’t address local laws.


Without proper planning, the court could assign someone you didn’t choose — or someone your family doesn’t trust — to manage your affairs.


We help Honolulu families ensure their chosen executor is named properly and fully qualified, so there are no surprises down the road.


The Safer (and Smarter) Way to Plan


Estate planning is about much more than filling in blanks on a form. It’s about protecting your ʻohana, honoring your values, and making sure your wishes are carried out with as little stress as possible.


At our firm, we don’t offer cookie-cutter documents. Instead, our Life & Legacy Planning Process is designed to uncover your goals, understand your family dynamics, and craft a plan tailored specifically to your life here in Hawaiʻi.


So if you're considering an online will, let’s talk first. Together, we can build a plan that truly protects everything — and everyone — you love.


FAQs


Q: Is an online will ever enough for someone living in Hawaiʻi?


A: In rare cases, such as when someone has no assets and just wants to name an executor, an online will might suffice. But for most people with any property or family considerations, a more comprehensive plan is needed.


Q: What happens if I move to Hawaiʻi but created my will in another state?


A: Your existing will might still be valid, but it’s wise to have it reviewed to ensure it complies with Hawaiʻi’s probate laws and reflects your current wishes and residence.


Q: What is the Life & Legacy Planning Process?


A: It’s our signature process designed to go far beyond basic documents. We help clients across Hawaiʻi create customized plans that reflect their values, protect their loved ones, and stay up to date as life changes.


📍 Based in Honolulu | Serving all of Hawaiʻi

📅 Schedule your Family Wealth Planning Session here

📞 You can reach us at 808-725-3454


This article is brought to you by the Law Office of Keoni Souza, a boutique estate planning firm located in Honolulu, Hawaiʻi, proudly serving families on Oʻahu and across the Hawaiian Islands. At our firm, estate planning is about more than documents — it’s about creating lasting peace of mind for you and the people you love. Through our unique Life & Legacy Planning Process, we guide you to make informed, empowered decisions that protect your wealth, your wishes, and your family’s future. To get started, contact our Honolulu office today to schedule your Family Wealth Planning Session. Mention this article to learn how you can receive this $750 session at no charge.


Disclaimer: The information on this website is for informational purposes only and should not be considered legal advice. For guidance tailored to your specific situation, please consult an estate planning attorney licensed in the State of Hawaiʻi. Use of this website or communication through this site does not create an attorney-client relationship with the Law Office of Keoni Souza, LLC.

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