What the rule says
Hawaii provides multiple pathways to a valid will under the UPC framework:
Attested wills (Haw. Rev. Stat. § 560:2-502)
A valid Hawaii attested will requires:
1. A writing. 2. The testator's signature. 3. Two competent witnesses.
Notarized wills
Hawaii also recognizes notarized wills under § 560:2-502 — a will signed by the testator and acknowledged before a notary is valid as an alternative to witnesses.
Harmless-error doctrine (Haw. Rev. Stat. § 560:2-503)
Hawaii has adopted the harmless-error rule. Defective documents can be probated with clear and convincing evidence of testamentary intent.
Holographic wills
Hawaii does not have a separate holographic will statute. Handwritten unwitnessed wills are not recognized as a separate will type.
Self-proving affidavits
Hawaii recognizes self-proving affidavits under standard UPC framework.
What you can do about it
For a Hawaii will execution:
- Have the testator and at least two witnesses present OR notarize. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
Who this affects most
Hawaii's UPC framework with the notarized-will alternative provides flexibility while preserving formality.