HI Bar - Hawaii Bar Trusts, Wills, and Estates 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?

Accepted Answer

Valid as a holographic will because the signature and material portions are in the testator's handwriting.

Answer

Invalid because all wills in Hawaii require at least two attesting witnesses.

Answer

Invalid because it lacks a formal attestation clause, even if handwritten.

Answer

Valid only if the testator was on their deathbed when the document was written (nuncupative will).

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?

Accepted Answer

His son will inherit the entire estate.

Answer

His mother will receive the first $200,000, plus three-fourths of the balance.

Answer

The estate will be split equally between his son and his mother.

Answer

His mother will inherit the entire estate.

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?

Accepted Answer

Yes, this is a valid revocatory act by obliteration.

Answer

No, revocation requires executing a new will or a written codicil.

Answer

No, because the text of the will is still legible.

Answer

Yes, but only if the testator also writes the word 'REVOKED' on the document.

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?

Accepted Answer

To protect a surviving spouse from being effectively disinherited by allowing them to claim a statutory percentage of the augmented estate.

Answer

To allow a surviving spouse to rewrite the deceased spouse's will according to their preferences.

Answer

To ensure the will's charitable beneficiaries are appropriate.

Answer

To invalidate any will that does not leave at least half the estate to the surviving spouse.

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?

Accepted Answer

His wife receives the first $220,000, plus one-half of the balance of the estate.

Answer

His wife inherits the entire estate.

Answer

The estate is divided equally among his wife and all three children.

Answer

His wife receives one-half of the estate, and the three children split the other half.

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?

Accepted Answer

The duty of impartiality, because the investment strategy heavily favors the remainderman over the life beneficiary.

Answer

The duty of loyalty, because the trustee is self-dealing.

Answer

The duty to inform, because the trustee did not get pre-approval for the investments.

Answer

The duty to segregate assets, because the stocks are too risky.