HI Bar - Hawaii Bar Trusts, Wills, and Estates Questions and Answers — Questions and Answers
Question 1: A testator in Honolulu handwrites a document that reads: 'In the event of my death, I give my entire estate to my daughter. This is my will.' The testator signs and dates the document but does not have it witnessed. Under the Hawaii Uniform Probate Code, what is the status of this document?
- Invalid because all wills in Hawaii require at least two attesting witnesses.
- Valid as a holographic will because the signature and material portions are in the testator's handwriting. (Correct answer)
- Invalid because it lacks a formal attestation clause, even if handwritten.
- Valid only if the testator was on their deathbed when the document was written (nuncupative will).
Correct answer: Valid as a holographic will because the signature and material portions are in the testator's handwriting.
Under Hawaii Revised Statutes (HRS) § 560:2-502(b), a will that does not comply with the formal execution requirements (like having two witnesses) is still valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.
Question 2: A widower in Hilo dies intestate, survived by his only son and his own mother. How will the widower's estate be distributed under Hawaii's laws of intestate succession?
- His mother will receive the first $200,000, plus three-fourths of the balance.
- The estate will be split equally between his son and his mother.
- His son will inherit the entire estate. (Correct answer)
- His mother will inherit the entire estate.
Correct answer: His son will inherit the entire estate.
According to Hawaii Revised Statutes (HRS) § 560:2-103, if a decedent has no surviving spouse, the entire intestate estate passes to the decedent's descendants. The mother (an ancestor) would only inherit if there were no surviving descendants.
Question 3: A testator in Maui properly executes a will in 2020. In 2023, with the intent to revoke it, the testator uses a black marker to completely black out the signature on the original will. Under Hawaii law, is this action an effective revocation of the will?
- No, revocation requires executing a new will or a written codicil.
- No, because the text of the will is still legible.
- Yes, this is a valid revocatory act by obliteration. (Correct answer)
- Yes, but only if the testator also writes the word 'REVOKED' on the document.
Correct answer: Yes, this is a valid revocatory act by obliteration.
Hawaii Revised Statutes (HRS) § 560:2-507(a)(2) provides that a will can be revoked by performing a 'revocatory act on the will,' which includes canceling, obliterating, or destroying it with the intent to revoke. Blacking out the signature is a classic example of obliteration performed with revocatory intent.
Question 4: A woman dies in Kauai with a valid will that leaves only $1,000 to her husband of 20 years, with the remainder of her multi-million dollar estate going to a charity. The husband is dissatisfied with this amount. What is the primary purpose of the 'elective share' under the Hawaii Uniform Probate Code in this situation?
- To allow a surviving spouse to rewrite the deceased spouse's will according to their preferences.
- To ensure the will's charitable beneficiaries are appropriate.
- To invalidate any will that does not leave at least half the estate to the surviving spouse.
- To protect a surviving spouse from being effectively disinherited by allowing them to claim a statutory percentage of the augmented estate. (Correct answer)
Correct answer: To protect a surviving spouse from being effectively disinherited by allowing them to claim a statutory percentage of the augmented estate.
The elective share, governed by HRS § 560:2-202 et seq., is a legal protection to prevent a decedent from completely disinheriting their surviving spouse. It allows the surviving spouse to 'elect' to take a statutorily defined portion of the decedent's 'augmented estate' instead of what was provided in the will.
Question 5: A man dies in Honolulu without a will. He is survived by his wife and their two children. He also has a third child from a previous marriage. Under Hawaii's intestate succession rules, how will his estate be distributed?
- His wife inherits the entire estate.
- The estate is divided equally among his wife and all three children.
- His wife receives the first $220,000, plus one-half of the balance of the estate. (Correct answer)
- His wife receives one-half of the estate, and the three children split the other half.
Correct answer: His wife receives the first $220,000, plus one-half of the balance of the estate.
Under HRS § 560:2-102(4), if there are surviving descendants of the decedent who are not descendants of the surviving spouse, the surviving spouse's share is the first $220,000, plus one-half of the balance of the intestate estate. The remaining portion is then divided among the decedent's descendants.
Question 6: A trustee in Kona manages a trust established for the benefit of a life beneficiary (who receives all income) and a remainderman (who will receive the principal after the life beneficiary's death). The trustee invests the entire trust principal in high-risk, high-growth stocks that produce very little income but have the potential for significant capital appreciation. Which fiduciary duty has the trustee most likely breached?
- The duty of loyalty, because the trustee is self-dealing.
- The duty to inform, because the trustee did not get pre-approval for the investments.
- The duty of impartiality, because the investment strategy heavily favors the remainderman over the life beneficiary. (Correct answer)
- The duty to segregate assets, because the stocks are too risky.
Correct answer: The duty of impartiality, because the investment strategy heavily favors the remainderman over the life beneficiary.
The duty of impartiality, codified in Hawaii under the Uniform Prudent Investor Act (HRS Chapter 554C), requires a trustee to act impartially in investing and managing trust assets, taking into account the differing interests of the beneficiaries. By investing solely for growth with little income, the trustee has favored the interest of the remainderman at the expense of the income beneficiary.
HI Bar - Hawaii Bar Trusts, Wills, and Estates Questions and Answers
A testator in Honolulu handwrites a document that reads: 'In the event of my death, I give my entire estate to my daughter.
This is my will.' The testator signs and dates the document but does not have it witnessed.
Under the Hawaii Uniform Probate Code, what is the status of this document?