LAST WILL AND TESTAMENT WITH MINOR CHILDREN

State of Hawaii

Table of Contents

1. Testator Identification and Declaration
2. Revocation of Prior Wills
3. Family Declarations
4. Guardianship Nomination for Minor Children
5. Specific Bequests
6. Residuary Estate
7. Trust Provisions for Minor Beneficiaries
8. Appointment of Personal Representative
9. Powers of Personal Representative
10. General Provisions
11. Execution and Attestation
12. Self-Proving Affidavit

1. TESTATOR IDENTIFICATION AND DECLARATION

I, [FULL LEGAL NAME OF TESTATOR], currently residing at [STREET ADDRESS], [CITY], [ISLAND/COUNTY], Hawaii [ZIP CODE], being at least eighteen (18) years of age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence, do hereby declare this to be my Last Will and Testament.

Date of Birth: [__/__/____]
Social Security Number (last four digits): XXX-XX-[____]

2. REVOCATION OF PRIOR WILLS

I hereby revoke all prior Wills and Codicils heretofore made by me, pursuant to HRS § 560:2-507.

3. FAMILY DECLARATIONS

Marital Status:
☐ I am married to [SPOUSE FULL LEGAL NAME]
☐ I am in a reciprocal beneficiary relationship with [PARTNER NAME]
☐ I am unmarried / widowed / divorced

Minor Children: I declare the following to be my minor children (under 18 years of age):

4. GUARDIANSHIP NOMINATION FOR MINOR CHILDREN

Pursuant to HRS §§ 560:5-302 and 560:5-303, I hereby nominate the following individuals as guardians of the person of my minor children in the event I am the last surviving parent or if the other parent is unable or unwilling to serve:

Primary Guardian:
Name: [GUARDIAN FULL LEGAL NAME]
Address: [GUARDIAN ADDRESS]
Relationship: [RELATIONSHIP TO CHILDREN]
Telephone: [PHONE NUMBER]

Alternate Guardian:
Name: [ALTERNATE GUARDIAN FULL LEGAL NAME]
Address: [ALTERNATE GUARDIAN ADDRESS]
Relationship: [RELATIONSHIP TO CHILDREN]
Telephone: [PHONE NUMBER]

I direct that no bond or surety be required of any guardian nominated herein, to the extent permitted by law.

I express the following wishes regarding the care and upbringing of my minor children:
[________________________________]
[________________________________]

5. SPECIFIC BEQUESTS

I make the following specific bequests:

Bequest 1:
I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY, STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse ☐ pass to [ALTERNATE BENEFICIARY NAME].

Bequest 2:
I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY, STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse ☐ pass to [ALTERNATE BENEFICIARY NAME].

Bequest 3:
I give [DESCRIPTION OF PROPERTY/AMOUNT] to [BENEFICIARY NAME], of [CITY, STATE]. If this beneficiary does not survive me, this bequest shall ☐ lapse ☐ pass to [ALTERNATE BENEFICIARY NAME].

6. RESIDUARY ESTATE

I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatever kind and character and wherever situated, as follows:

☐ Option A: Entirely to my spouse/reciprocal beneficiary, [NAME], if they survive me. If they do not survive me, then in equal shares to my children, per stirpes.

☐ Option B: In equal shares to my children, [CHILD NAMES], per stirpes.

☐ Option C: As follows: [CUSTOM DISTRIBUTION]
[________________________________]

7. TRUST PROVISIONS FOR MINOR BENEFICIARIES

Any property passing to a beneficiary who is under the age of [21/18/other] at the time of my death shall be held in trust as follows:

Option A — Custodianship Under the Hawaii UTMA:
☐ I direct that any such property be transferred to [CUSTODIAN NAME] as custodian for such minor under the Hawaii Uniform Transfers to Minors Act (HRS Ch. 553A). The custodianship shall terminate when the minor reaches age twenty-one (21).

Option B — Testamentary Trust:
☐ I direct that such property be held in a separate trust for each minor beneficiary, subject to the following terms:

• Trustee: [TRUSTEE NAME], of [CITY, STATE]
• Alternate Trustee: [ALTERNATE TRUSTEE NAME], of [CITY, STATE]
• The Trustee may distribute income and principal for the beneficiary's health, education, maintenance, and support
• The trust shall terminate when the beneficiary reaches age [____], at which time remaining assets shall be distributed outright
• The Trustee shall serve without bond, if permitted by law

8. APPOINTMENT OF PERSONAL REPRESENTATIVE

I appoint [EXECUTOR FULL LEGAL NAME], of [CITY, STATE], as Personal Representative of this Will.

If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [ALTERNATE EXECUTOR FULL LEGAL NAME], of [CITY, STATE], as alternate Personal Representative.

I direct that my Personal Representative shall serve without bond or surety, to the extent permitted by Hawaii law.

9. POWERS OF PERSONAL REPRESENTATIVE

My Personal Representative shall have the following powers in addition to those granted by Hawaii law:

• To sell, lease, mortgage, or otherwise dispose of any real or personal property
• To invest and reinvest estate assets
• To borrow money and encumber estate property
• To settle claims and disputes
• To distribute property in kind or in cash
• To employ attorneys, accountants, and other professionals
• To continue any business interest I may own
• To make elections for tax purposes as deemed advisable
• To make distributions to guardians or custodians for minor beneficiaries

10. GENERAL PROVISIONS

Survivorship Requirement: A beneficiary must survive me by one hundred twenty (120) hours to be entitled to receive any distribution under this Will, consistent with HRS § 560:2-702.

Simultaneous Death: If my spouse and I die simultaneously, or under circumstances making it difficult to determine who died first, my spouse shall be deemed to have predeceased me for purposes of this Will.

No-Contest Clause: If any beneficiary contests this Will or any provision hereof, that beneficiary's share shall be reduced to One Dollar ($1.00).

Severability: If any provision of this Will is held invalid, the remaining provisions shall continue in full force and effect.

11. EXECUTION AND ATTESTATION

IN WITNESS WHEREOF, I have hereunto set my hand to this, my Last Will and Testament, this [____] day of [__________], [____], at [CITY], Hawaii.

___________________________________________
[FULL LEGAL NAME OF TESTATOR], Testator
ATTESTATION CLAUSE

The foregoing instrument was signed, published, and declared by the above-named Testator as the Testator's Last Will and Testament in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, have subscribed our names as attesting witnesses thereto, believing the Testator to be of sound and disposing mind and memory.

___________________________________________
Witness 1 Signature
Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

___________________________________________
Witness 2 Signature
Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

12. SELF-PROVING AFFIDAVIT

(Pursuant to HRS § 560:2-504)

STATE OF HAWAII
[CIRCUIT] OF [________________]

Before me, the undersigned authority, on this [____] day of [__________], [____], personally appeared [TESTATOR NAME], the Testator, and [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses, each known to me, and the Testator and witnesses being duly sworn, the Testator declared to me and to the witnesses that the foregoing instrument is the Testator's Last Will and Testament, and that the Testator had willingly signed and executed it as a free and voluntary act. Each of the witnesses stated that they signed the Will as witness in the presence and at the request of the Testator and in the presence of each other.

___________________________________________
Testator Signature

___________________________________________
Witness 1 Signature

___________________________________________
Witness 2 Signature
Subscribed, sworn to, and acknowledged before me this [____] day of [__________], [____].

___________________________________________
Notary Public, State of Hawaii
My Commission Expires: [__/__/____]

[NOTARY SEAL]

HAWAII-SPECIFIC NOTES:
- Hawaii is not a community property state
- Hawaii provides an elective share for the surviving spouse or reciprocal beneficiary (HRS § 560:2-202)
- Hawaii recognizes holographic wills if the signature and material portions are in the testator's handwriting (HRS § 560:2-502(b))
- Hawaii recognizes reciprocal beneficiary relationships for estate planning purposes
- UTMA custodianship terminates at age 21 (HRS Ch. 553A)
- No bond required in informal proceedings by default (HRS § 560:3-603)
- A 120-hour survivorship requirement applies under the Uniform Probate Code (HRS § 560:2-702)
- Hawaii has a state estate tax with its own exemption threshold

This template is provided by ezel.ai for informational purposes only and does not constitute legal advice. Consult a licensed Hawaii attorney before execution.