LAST WILL AND TESTAMENT

AND TESTAMENTARY TRUST

OF [TESTATOR FULL LEGAL NAME]

Drafted for compliance with the Hawaii Uniform Probate Code, Haw. Rev. Stat. (HRS) §560 et seq.
Execution Date: [DATE]**

[// GUIDANCE: Replace all bracketed placeholders before execution. Review Hawaii estate-tax thresholds, elective-share implications, and custom beneficiary designations.]

TABLE OF CONTENTS

1. Document Header & Recitals
2. Definitions
3. Operative Provisions
   3.1 Revocation of Prior Instruments
   3.2 Appointment of Personal Representative
   3.3 Payment of Debts, Expenses, and Taxes
   3.4 Specific Gifts
   3.5 Residuary Estate & Creation of Testamentary Trust
4. Fiduciary Powers & Standards
5. Trustee Indemnification & Liability Limitations
6. No-Contest Clause & Miscellaneous Risk Allocation
7. Dispute Resolution
8. General Provisions
9. Execution Block
10. Self-Proving Affidavit (HRS §560:2-504)

1. DOCUMENT HEADER & RECITALS

1.1 Parties & Capacity
(a) I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Hawaii, being of sound mind and over eighteen (18) years of age, hereby declare this instrument to be my Last Will and Testament (the “Will”).
(b) All references to “Testator,” “I,” “me,” or “my” shall mean the undersigned.

1.2 Consideration & Intent
This Will disposes of all property over which I have testamentary power, provides for the creation of a testamentary trust, and appoints fiduciaries to administer my estate in accordance with the laws of the State of Hawaii.

1.3 Governing Law
This Will and any testamentary trust created herein shall be governed by and construed in accordance with the Hawaii Uniform Probate Code (HRS §560 et seq.) and other applicable Hawaii law.

2. DEFINITIONS

For purposes of this Will (including any trust created hereby), capitalized terms shall have the meanings set forth below:

“Beneficiaries” – The individuals or entities entitled to distributions under this Will or the Trust.

“Estate” – All probate assets owned by me at death, wherever situated, together with any property payable to my Personal Representative.

“Personal Representative” – The person or institution appointed in Section 3.2 to administer my Estate.

“Qualified Trust Property” – All assets transferred to the Trust under Section 3.5 or otherwise received by the Trustee.

“Trust” or “Family Trust” – The testamentary trust established under Section 3.5.

“Trustee” – The person or institution acting from time to time under Article 4 with respect to the Trust.

[// GUIDANCE: Add or delete definitions to reflect unique Estate assets (e.g., closely-held businesses, digital assets).]

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

I hereby revoke all prior wills and codicils.

3.2 Appointment of Personal Representative

(a) I appoint [PRIMARY PR NAME & ADDRESS] as Personal Representative.
(b) Alternate: [ALTERNATE PR NAME & ADDRESS].
(c) Bond: No bond shall be required unless any interested person petitions the court for good cause shown.

3.3 Payment of Debts, Expenses, and Taxes

(a) My Personal Representative shall pay from the residuary Estate:
 (i) All enforceable debts and funeral expenses;
 (ii) Estate administration expenses;
 (iii) All federal and state death taxes attributable to my Estate.
(b) Apportionment of Taxes: Taxes shall be charged against the residuary Estate unless otherwise directed in a separate tax-allocation agreement.

3.4 Specific Gifts

I give the following specific gifts, free of encumbrances existing at my death:

1. [DESCRIPTION OF ITEM OR AMOUNT] to [BENEFICIARY NAME, RELATIONSHIP].
2. [DESCRIPTION] to [BENEFICIARY].

[// GUIDANCE: List cash bequests first, then tangible personal property. If gifting real property, confirm title and mortgage status.]

3.5 Residuary Estate & Creation of Testamentary Trust

3.5.1 Creation. All property not effectively disposed of above (the “Residuary Estate”) shall pour over into and constitute the corpus of the [FAMILY TRUST] (“Trust”) hereby created.

3.5.2 Trustee Appointments.
(a) Initial Trustee: [PRIMARY TRUSTEE NAME & ADDRESS].
(b) Successor Trustees (in order): [1] [NAME], [2] [NAME].
(c) Corporate Trustee Option: The last-named individual Trustee may appoint a bank or trust company authorized to act in Hawaii.

3.5.3 Beneficiaries & Distribution Standards.
(a) Primary Beneficiary: [SPOUSE/PARTNER NAME].
(b) Secondary Beneficiaries: My lineal descendants, per stirpes.
(c) Discretionary Distributions: The Trustee may distribute income and principal for Beneficiaries’ health, education, maintenance, and support (“HEMS Standard”).
(d) Mandatory Termination: Upon the earlier of (i) twenty-one (21) years after the death of the last surviving descendant of [REFERENCE LIFE] living at my death, or (ii) the Trust corpus falling below [MINIMUM THRESHOLD], the Trustee shall distribute the remaining assets outright to the then-living Beneficiaries, per stirpes.

3.5.4 Spendthrift Protection. All Trust interests shall be subject to a spendthrift clause to the fullest extent permitted by HRS §560:5-502; no Beneficiary may voluntarily or involuntarily transfer, pledge, or anticipate his or her interest, and such interest shall not be liable for the Beneficiary’s debts.

3.5.5 Special Needs Beneficiary Option.
[// GUIDANCE: Insert supplemental-needs sub-trust language here if any Beneficiary is or may become disabled and receiving means-tested benefits.]

4. FIDUCIARY POWERS & STANDARDS

4.1 Incorporation of Hawaii Uniform Trust Code (HRS Ch. 560, Art. 7).
4.2 Powers Exercisable in Fiduciary’s Discretion, including but not limited to:
(a) Invest and reinvest Trust assets pursuant to the prudent investor rule (HRS §560:7-302).
(b) Retain, lease, sell, or exchange real or personal property without court approval.
(c) Employ professionals (e.g., attorneys, CPAs) and pay reasonable compensation.
(d) Make tax elections, allocate receipts between income and principal, and create reserves.
(e) Distribute assets in cash or in kind, pro rata or non-pro rata, without adjustment for inequality of basis.

4.3 Fiduciary Standard of Care. Each fiduciary shall discharge duties with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity would use.

5. TRUSTEE INDEMNIFICATION & LIABILITY LIMITATIONS

5.1 Indemnification. To the fullest extent permitted by Hawaii law, the Trust shall indemnify and hold harmless the Trustee from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising from the Trustee’s administration of the Trust, except for losses resulting from the Trustee’s intentional wrongdoing or reckless indifference.

5.2 Liability Cap. Any liability of the Trustee to the Estate, the Trust, or any Beneficiary shall be limited to the Trust assets under the Trustee’s control at the time the liability is determined; the Trustee shall have no personal liability.

6. NO-CONTEST CLAUSE & ADDITIONAL RISK ALLOCATION

6.1 No-Contest (In Terrorem) Provision. If any Beneficiary directly or indirectly contests this Will or the Trust, or assists such contest, any share otherwise passing to that Beneficiary shall lapse and be disposed of as though that Beneficiary had predeceased me. This clause shall be enforced by the probate court through injunctive and other equitable relief.

6.2 Force Majeure – Trust Administration. The Trustee shall not be liable for failure to perform administrative duties during events beyond the Trustee’s reasonable control, including but not limited to natural disasters affecting Hawaii or the Trustee’s principal place of business.

7. DISPUTE RESOLUTION

7.1 Exclusive Forum. All matters relating to the interpretation or administration of this Will or the Trust shall be heard exclusively in the [COUNTY] Circuit Court, Probate Division, State of Hawaii.

7.2 Jury Waiver. Consistent with probate practice, no party shall demand a jury trial.

7.3 Injunctive Relief. The probate court may issue temporary restraining orders, preliminary injunctions, or such other equitable relief as necessary to enforce fiduciary obligations or protect Trust property.

[// GUIDANCE: Arbitration is intentionally omitted per user instructions.]

8. GENERAL PROVISIONS

8.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force provided they do not defeat my overall testamentary intent.

8.2 Headings. Headings are for convenience only and shall not affect interpretation.

8.3 Gender & Number. Words of any gender include all genders; words in the singular include the plural and vice versa as the context requires.

8.4 Digital Signatures. Original handwritten signatures are required for validity; electronic signatures may be used for duplicate counterparts only.

8.5 Integration. This instrument constitutes my entire Will, and no extrinsic evidence shall be admitted to vary its terms except as permitted under HRS §560:2-601 et seq.

9. EXECUTION BLOCK

IN WITNESS WHEREOF, I have signed this Will on the date written below.

[TESTATOR FULL LEGAL NAME], Testator

Date: ______

Witness Attestation

We, the undersigned, witnessed the signing of this Will by the Testator, who declared it to be the Testator’s Last Will and Testament. We affirm that the Testator appeared to be of sound mind, signed voluntarily, and was at least eighteen (18) years old. Each of us is at least eighteen (18) years old and not a Beneficiary under this Will.

10. SELF-PROVING AFFIDAVIT

(As authorized by HRS §560:2-504)

State of Hawaii
County of [COUNTY]

We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as the Testator’s Last Will and Testament and that each of the witnesses, in the presence of the Testator and of each other, signed the Will as a witness and that to the best of the knowledge of each witness the Testator was at the time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

[TESTATOR SIGNATURE]

[WITNESS 1 SIGNATURE]

[WITNESS 2 SIGNATURE]

Subscribed, sworn to, and acknowledged before me by the Testator and witnesses on this _ day of _, 20___.

Notary Public, State of Hawaii
My commission expires: ____

[// GUIDANCE: Attach notary acknowledgment language compliant with current Hawaii notarial act form.]