Why “Just a Will” Won’t Protect Your ʻOhana in Hawaiʻi

Whenever someone in Honolulu reaches out to start their estate plan, they often begin by saying the same thing — “I don’t need anything complicated, just a Will.” It’s a common assumption, fueled by movies, TV dramas, and the classic “reading of the Will” scene that almost never happens in real life.

While a Will is an important document, using it as your only planning tool can unintentionally create confusion, higher costs, and court involvement for the very people you’re trying to protect. And despite what many believe, a Will alone does not keep your ʻohana out of the probate courts here in Hawaiʻi.

Before you decide that a Will is all you need, it’s helpful to understand what a Will does — and more importantly, what it doesn’t do.

What a Will Actually Does (and Doesn’t Do)

A Will is a written document that states who should receive your property and who will be in charge of carrying out your wishes. You can name your personal representative (executor), outline specific gifts, and express your preferences.

A Will can be simple or highly customized. In theory, you could even write one on a napkin — but unless you meet Hawaiʻi’s legal execution requirements, it won’t be valid.

Most people don’t realize that a Will only becomes effective after you die and only through probate court. And that’s where the challenges begin.

A Will Guarantees Probate in Hawaiʻi

One of the biggest misconceptions I hear is: “If I have a Will, my family won’t need to go to court.”

The truth is the opposite.

In Hawaiʻi, a Will must go through probate before anyone can receive anything. Probate is the court-supervised process that validates your Will and oversees the distribution of your assets. During probate:

• Your Will becomes public record.

• Your executor can’t act until the court authorizes them.

• Your assets are essentially stuck until the court process moves forward.

Even straightforward estates in Honolulu can take 6–18 months or longer to complete. And the legal fees, court filings, and administrative costs can easily reach tens of thousands of dollars — money that comes out of your estate, not the court system.

If privacy matters to you — or if you want your loved ones to avoid court entirely — a Will alone won’t accomplish that.

A Will Doesn’t Cover All Your Assets

Hollywood suggests you can distribute your entire estate through a Will, but in reality, a Will covers only certain types of assets:

A Will does control:

• Assets you own solely in your name

• Assets without beneficiary designations

A Will does NOT control:

• Jointly owned property

• Property held as tenants by the entirety

• Retirement accounts or life insurance (those follow beneficiary designations)

• Assets titled in a revocable living trust

If your beneficiary designations are outdated — which is extremely common — your Will won’t fix that.

A Will Cannot Help During Incapacity

This is one of the biggest gaps people overlook.

A Will has zero power while you’re alive. If you become incapacitated due to illness or injury, the person you named in your Will has no authority to:

• Pay your bills

• Access your accounts

• Manage your property

• Make medical decisions

• Care for your children

Without additional planning, your family could be forced into guardianship or conservatorship proceedings — the last thing they need in a crisis.

Why a Comprehensive Estate Plan Matters More Than a Will

A Will should never be your entire estate plan. Instead, it should act as a backup to a more complete strategy that:

• Keeps your family out of probate

• Protects your privacy

• Handles incapacity

• Streamlines asset transfers

• Protects minor children

• Ensures your plan works exactly as you intend

For most Honolulu families, especially those who own real estate, a Revocable Living Trust is a far more effective primary tool. Unlike a Will, a Trust:

• Avoids probate entirely

• Keeps your estate private

• Allows immediate access to assets if you become incapacitated

• Reduces the risk of disputes

• Provides long-term protection for children and beneficiaries

And unlike a Will, a Trust works now — not only after death.

The Most Overlooked Piece: An Updated Asset Inventory

Even the best Will or Trust can’t help your loved ones if they don’t know what you own or where to find it.

A detailed, regularly updated Family Wealth Inventory is essential. Without it, families in Hawaiʻi often spend months searching through accounts, mail, and old files just trying to piece everything together.

A modern estate plan ensures that nothing gets lost — and your ʻohana has clear instructions during an already difficult time.

Ready to Protect Your ʻOhana?

If you're ready to understand the difference between “just a Will” and a true Life & Legacy Plan for your family, schedule a Life & Legacy Planning Session. We’ll review everything you own and everyone you love — and build a plan that keeps your family out of conflict, out of court, and fully supported when they need it most.

I don’t just prepare documents. I guide families across Hawaiʻi before, during, and after life’s biggest transitions and help you pass on something far more valuable than money — your stories, values, and wisdom — through a Life & Legacy Interview.

When you're ready, I’m here to help.

FAQs

1. Is a Will enough if I own a home in Hawaiʻi?

Almost never. Real property in Hawaiʻi nearly always triggers probate unless it’s held in a Trust.

2. Does probate take a long time in Honolulu?

Yes. Even simple cases often take 6–18 months and can be costly.

3. If I have a Trust, do I still need a Will?

Yes — but only as a backup to catch overlooked assets and transfer them into your Trust.

4. What happens if I become incapacitated?

A Will provides no authority during incapacity. You need powers of attorney, health care directives, and a Trust for seamless management.

5. Is estate planning only for wealthy families?

Not at all. Every family with children, a home, or savings benefits from a coordinated plan.

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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 Life & Legacy Planning Session.

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.