Is Your Will Legally Valid?



False Security


A last will and testament can ensure your wishes are respected when you die. But if your will isn’t legally valid, those wishes might not actually be carried out, and instead the laws of “intestate succession” would apply, meaning that the state decides who gets your stuff, and it’s very likely not to be who you would choose.


If you’ve created a will online, I congratulate you for doing SOMETHING, but I strongly recommend that you have it reviewed and make sure it does what you want, and is actually legally valid. I’ve seen it far too many times: someone THINKS they’ve created a will because they did something, but the SOMETHING was the WRONG THING, and their family is left to deal with the fallout, confusion, and complications that result.


The validity of a will depends on where you live when you die, as last will and testament laws vary from state to state. Most states, however, require wills to meet the following criteria in order to be legally binding:


The Essential Requirements


● You must be at least 18 years old or an emancipated minor to create a legally valid will.


● You must be of sound mind and capable of understanding your intentions for your estate, who you want to be a beneficiary, and your relationship with those people when you create your will.


● You must sign your will or direct someone else to sign it if you are physically incapable of doing so.


● There must be at least two witnesses. Some states require that they not be beneficiaries or at least one of them not be a beneficiary. However, Hawaii allows witnesses to be beneficiaries.


Handwritten Wills


You may write a holographic will, which means a will that is written completely in your own hand. In that case, there are no witnesses required, and, in fact, in some states, having a witness would make the will invalid because for those states there must be no other writing other than your hand on the page for a holographic will to be valid. In Hawaii, holographic wills may be witnessed or not.


When a Will Isn’t Valid


If your will does not adhere to your state’s requirements, the court will declare it invalid. In this case, a few things could happen. Your estate could pass under your state’s intestacy laws, which means your assets would go to your closest living relatives, as determined by the law. And that may or may not be who you would want to receive your assets.


Is a Will All You Need?


A will is a baseline foundation for any estate plan, but it might not be enough to protect your wishes. A will does not keep your assets out of court, and it does not operate in the event of your incapacity. A will alone does not ensure your loved ones receive your assets protected from unnecessary conflict or creditors.


The best way to ensure your will is legally valid is to consult with the Law Office of Keoni Souza. We can confirm your will is valid under Hawaii’s laws and evaluate your estate plan to ensure it will protect your wishes and provide for your family according to your wishes in the event of your incapacity, or when you die.


This article is a service of the Law Office of Keoni Souza, LLC, an estate planning law firm in Honolulu, Hawaii. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by contacting our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.


DISCLAIMER: All information available at this website are for informational purposes only and is not legal advice. You should contact an attorney directly regarding your specific situation. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between the Law Office of Keoni Souza, LLC and any users or any other party.

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All information available on this website is for informational purposes only and is not legal advice. You should contact an attorney directly regarding your specific situation. The use of and access to this website or the transmission of information via email or through this website does not create an attorney-client relationship between the Law Office of Keoni Souza, LLC and any users or any other party. Transmission of information via email or through this website may not be secure, therefore confidentiality cannot be assumed.  By using this website or transmitting information via email or this website, the user agrees to this information being collected, stored, or transmitted to a third-party.

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