Hawaii Written Revocation of Will

A will can also be partially revoked by a will amendment known as a codicil. Another way to revoke a will is by a physical act done with a current intent to revoke the will.

Generally, you can revoke a will by (1) destroying the old will, (2) creating a new will or (3) making changes to an existing will. In some circumstances, simply giving away all or your property and assets before you die can have the effect of revoking a will (subject to estate tax penalties).

A testator who has revoked their Will may later wish to revive it. This Practice Note considers the provisions of section 22 of the Wills Act 1837 (which limits the testator to reviving a revoked Will by re-execution or a codicil showing an intention to revive the earlier document) and the relevant case law.

In New York, a partial revocation by physical act, such as words added to a Will after it has been signed and witnessed, is not recognized and will have no effect on the Will. A Will can also be revoked if it is destroyed by a physical act.The earlier Will is legally invalid, and the decedent will have died intestate.

In addition to written wills, Hawaii recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. A handwritten will does not have to be witnessed in order to be valid in Hawaii.

Most people revoke one will by making another, which supersedes the old one. That's why most wills begin with a sentence like "I hereby revoke all previous wills and codicils." (A codicil is an addition to a will; they aren't very common these days.)

When a person (the 'Testator') makes a valid Will, section 20 of the Wills Act 1837 states that it can only be revoked in three ways: by the Testator making another Will or codicil; by them signing a revocation provision (a professionally drafted Will will always include this provision) or by destruction.