Living Will Form

Hawaii Last Will and Testament Form

LAST WILL AND TESTAMENT OF

I, , of County, Hawaii, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.

ARTICLE ONE

Marriage and Children

I am married to and have the following children from our marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

My spouse was previously married and has the following children from a prior marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

I was previously married and have the following children from that marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE TWO

Debts and Expenses

I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate.

ARTICLE THREE

Specific Bequests of Real and/or Personal Property

I will, give and bequeath unto the persons named below, if he or she survives me, the property described below:

Name/Address/Relationship:

Property Description:

Name/Address/Relationship:

Property Description:

Name/Address/Relationship:

Property Description:

Name/Address/Relationship:

Property Description:

List or state no property left under this article

ARTICLE FOUR

Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence to my spouse, if he or she survives me.

Sign if selected:

OR

I will, devise and bequeath all my interest in my homestead or primary residence to:

Sign if selected:

ARTICLE FIVE

All Remaining Property – Residuary Clause

I will, devise, bequeath and give all the rest and remainder of my property and estate to:

Sign if selected:

OR

My spouse named . Sign if selected:

ARTICLE SIX

Contingent - All Remaining Property – Residuary Clause

Not applicable because I selected option 1 in Article Five above. Sign if selected:

OR

In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest and remainder of my property and estate to:

Sign if selected:

ARTICLE SEVEN

Property To Vest In Trustee for Child Beneficiary

In the event that my spouse predeceases me and any of my beneficiaries are under the age of years of age, then I direct that my Personal Representative shall transfer, assign and deliver over to my Trustee, named below, such beneficiary’s share of my estate.

The Trustee shall hold and administer the assets of the Trust for the use and benefit of the Beneficiaries for the purpose of providing for their health, education and general welfare.

As each Beneficiary herein reaches the age of years, the Trustee shall distribute to said beneficiary his or her share of the trust principal and income.

When the youngest Beneficiary reaches the age of years, the Trustee shall distribute all remaining Trust property and this Trust shall terminate.

In the event of the death of any named Beneficiary prior to final distribution, and said deceased Beneficiary shall leave living issue, the Trustee shall administer said Trust property for the use and benefit of said living issue.

In the event that on the date of my death, my spouse shall have predeceased me and my youngest Beneficiary is over years of age, then this Trust shall be inoperative.

ARTICLE EIGHT

Creditors of Beneficiaries

Neither the principal nor the income of any Trust provision contained in this Will nor any part of same shall be liable for the debts of any Beneficiary hereunder.

ARTICLE NINE

Appointment of Trustee

I appoint , or if the appointee fails to qualify or cease to act, I appoint , as Trustee of the Trust provisions of this Will.

ARTICLE TEN

Appointment of Guardian

In the event that a guardian is necessary for any of my children that may be under the age of years, then on the date of my death, I appoint as Guardian of said children.

ARTICLE ELEVEN

Appointment of Personal Representative, Executor or Executrix

I hereby appoint as Personal Representative of my estate and this Will.

In the event my Personal Representative shall predecease me, or fail to qualify or cease to act, then I hereby appoint to serve as successor Personal Representative.

ARTICLE TWELVE

Waiver of Bond, Inventory, Accounting, Reporting and Approval

My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate.

ARTICLE THIRTEEN

Powers of Personal Representative, Executor and Executrix

I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval.

1. To exercise all of the powers, rights and discretions granted by virtue of any Uniform Trustees' Powers Law and/or Probate Code adopted by the State of Hawaii.

2. To compromise claims and to abandon property which, in my Executor’s opinion is of little or no value.

3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or other securities, or shares or interests in investment trusts and common trust funds.

4. To settle, adjust, dissolve, windup or continue any partnership or other entity in which I may own a partnership or equity interest at the time of my death.

5. To lease, sale, or offer on a lease purchase, any real or personal property for such time and upon such terms and conditions as may be deemed advisable.

6. To sell, exchange, assign, transfer and convey any security or property, real or personal, held in my estate, or in any trust, at public or private sale.

7. To pay all necessary expenses of administering the estate and any trust including taxes, trustees' fees, fees for accountants, agents and attorneys.

8. To make distributions in cash or in specific property, real or personal, or in an undivided interest therein.

9. To determine what is principal and what is income with respect to all receipts and disbursements.

10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets comprising my estate or any trust created hereunder.

11. To perform such acts and exercise such other rights and privileges in respect to any property, as if he or she were the absolute owner thereof.

12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust.

13. To borrow money from such source or sources and upon such terms and conditions as my Personal Representative shall determine.

ARTICLE FOURTEEN

Construction Intentions

It is my intent that this Will be interpreted according to the following provisions:

1. The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa.

2. The term “testator” as used herein is deemed to include me as Testator or Testatrix.

3. This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any time.

4. If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative.

5. In the event that my spouse, , and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived her/him.

ARTICLE FIFTEEN

Misc. Provisions

I direct that this Will and the construction thereof shall be governed by the Laws of the State of Hawaii.

If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s portion of my estate shall be diminished by the amount of such debt.

Any and all debts of my estate shall first be paid from my residuary estate.

I desire to be buried in the cemetery in County, .

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

I, , having signed this Will in the presence of and who attested it at my request on this day of , 20 at , declare this to be my Last Will and Testament.

The above and foregoing Will of was declared by in our view and presence to be his/her Will and was signed and subscribed by the said in our view and presence and at his/her request and in the view and presence of and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of on this the day of , 20.

Hawaii Self Proving Affidavit

I, , the testator/testatrix, sign my name to this instrument this day of , 20, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will.

We, , , the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare that the testator/testatrix signs and executes this instrument as the testator's/testatrix’s will.

The State of Hawaii

County of

Subscribed, sworn to and acknowledged before me by , the testator/testatrix, and subscribed and sworn to before me by and , witness, this day of , 20.