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Outdated Estate Plans Are a Risk — Here’s When to Update Yours in Hawai‘i

Updated: Jun 28


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As an estate planning attorney serving Honolulu and families across Hawai‘i, I often meet people who’ve done the right thing by creating an estate plan — but then forget that it needs ongoing care. While setting up your plan is a crucial first step, keeping it current is just as important.


In fact, outdated estate plans are one of the most common and preventable estate planning mistakes I see. It’s heartbreaking when loved ones call after a death or illness, only to find the plan no longer reflects current wishes or circumstances. By that point, it’s often too late, and families end up in probate court or conflict.


Why Estate Planning in Hawai‘i Is an Ongoing Process


Your estate plan should grow and evolve as your life does. Families expand, assets shift, laws change — and your plan needs to keep pace. At a minimum, it’s wise to review your estate plan once a year. But certain life events demand immediate updates to ensure your plan still works when your ʻohana needs it most.


10 Life Events That Call for an Immediate Estate Plan Update


1. You Get Married


Whether it’s your first or fourth marriage, your legal and financial status changes. Your estate plan should reflect your wishes around inheritance, medical decisions, and power of attorney — especially here in Hawai‘i, where property laws can be complex.


2. You Get Divorced


Divorce is emotionally and legally intense. It’s easy to forget to remove your ex from beneficiary designations or decision-making roles. But failing to update your plan could mean your ex-spouse ends up controlling medical or financial matters — or inheriting assets you didn’t intend.


3. You Welcome a Child


Whether through birth or adoption, a new keiki in the family means you must name legal guardians and update your plan to protect your child’s future. Our Kids Protection Plan helps Honolulu families do exactly that — while also managing how and when your children receive their inheritance.


4. A Minor Child Turns 18


In Hawai‘i, adulthood begins at 18. That means you, as a parent, can no longer legally make healthcare or financial decisions for your child without proper documents. A simple accident or hospitalization could turn into a court ordeal if your adult child doesn’t have basic legal protections in place.


5. A Loved One Passes Away


If someone named in your plan dies — whether a beneficiary, trustee, guardian, or executor — you’ll need to revise your documents right away. Leaving those roles blank can cause delays and confusion during an already emotional time.


6. You Become Seriously Ill or Injured


A major diagnosis or injury may change who you trust to make decisions on your behalf or how you want those decisions made. Reviewing your advance health care directive and powers of attorney ensures your wishes are honored during a medical crisis.


7. You Move to Hawai‘i or Within the State


Estate laws vary by state. If you’ve moved to Honolulu or another part of Hawai‘i, it’s important to update your estate plan to comply with local laws, especially if your previous plan was drafted elsewhere.


8. Your Finances Change Significantly


Did you sell a home? Inherit money? Start investing more aggressively? Any major change in your assets — or debts — should prompt a review. Your estate plan needs to accurately reflect what you own and owe.


9. You Start or Sell a Business


Hawai‘i’s small business community is thriving, and if you’re part of it, your estate plan should include succession strategies. Whether you're starting fresh or stepping away, we can help you put protections in place to preserve the business and support your family.


10. Tax Law Changes


Hawai‘i does not have a state estate tax exemption as high as the federal level, and that matters for many families here. Major tax law changes could require you to restructure your plan to minimize tax burdens and maximize what your ʻohana receives.


The Solution: A Plan That Evolves With You


That’s why our Life & Legacy Planning process was created — to help Honolulu families not just build a solid estate plan, but keep it strong and aligned with changing life, law, and financial landscapes.


We offer ongoing support so your plan is never out of date. And we don’t just serve individuals — we build relationships with entire families, ensuring your legacy is understood, preserved, and protected.


FAQs


Q: How often should I review my estate plan in Hawai‘i?


A: At least once a year, and immediately update it after major life events like marriage, divorce, birth, death, illness, or financial changes.


Q: What happens if I move to Hawai‘i with an out-of-state estate plan?


A: You’ll want to review it to ensure it meets Hawai‘i’s legal requirements. Some documents may not be valid or may need revisions to be enforceable here.


Q: Do you offer ongoing estate plan maintenance?


A: Yes! Our FamilyCare Program offers continuous support, ensuring your plan evolves with your life and the law — giving you peace of mind for years to come.


📍 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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