50 State Testamentary Capacity Project: Hawaii Testamentary Capacity Expert Definitions

In an effort to provide a better understanding for what testamentary capacity expert psychologists look for when forming opinions about whether the person had testamentary capacity in the execution of a will, trust, beneficiary designation, or other testamentary contractual document, I am highlighting the statutes, case law, and jury instructions specific to all 50 states. Each will be in its own blog post. Eleventh up, Hawaii.

In re: Estate of Herbert, 979 P.2d 39,90 Haw. 443 (1999)

Testamentary capacity has been defined as the ability to know: (1) the nature and extent of the testator or testatrix's estate; (2) the identity of the beneficiaries and their relationship, whether by blood or other circumstances, to the testator or testatrix (i.e., the objects of his or her bounty); (3) the disposition that the testator or testatrix is making; and (4) how these elements relate so as to form a rational and orderly plan for the disposition of the testator or testatrix's estate.

The classic test of general testamentary capacity has three elements: to make a will, one must be able to (1) identify the natural object of one's bounty and recognize one's relationship to them, (2) recall the nature and extent of one's property, and (3) dispose of one's property understandingly, according to a plan formed in one's mind."). A party, who has standing to challenge the validity of a will, may contest the will based upon a lack of the requisite testamentary capacity.

HI Rev. Stat. § 327G-7

(a) A principal is presumed to have capacity to make mental health care decisions and to execute or revoke an advance mental health care directive or power of attorney designating an agent. Even if the principal has an advance mental health care directive, the principal has the right to make decisions regarding mental health care or mental health treatment, so long as the principal has capacity.

(b) The fact that a principal has executed an advance mental health care directive shall not create a presumption, nor constitute evidence or an indication, that the principal is mentally incompetent or lacks capacity.

(c) This chapter shall not create a presumption concerning the intention of an individual who has not executed or who has revoked an advance mental health care directive or power of attorney.

(d) For the purposes of this chapter, the determination that a principal lacks capacity shall be made by the supervising health care provider who is a physician and one other physician or licensed psychologist after both have conducted an examination of the principal. Upon examination and a joint determination that the principal lacks capacity, the supervising health care provider shall promptly note the determination in the principal's medical record, including the facts and professional opinions that form the basis of the determination, and shall promptly notify the agent that the principal lacks capacity and that the advance mental health care directive has been invoked.

(e) The determination that a principal has recovered capacity shall be made by the supervising health care provider who is a physician. The supervising health care provider shall promptly note the recovery of capacity in the principal's medical record, and shall promptly notify the agent that the principal has recovered capacity. [L 2004, c 224, pt of §2]

From https://www.diehlandweger.com/how-to-contest-a-will/

An insane delusion is a fixed false belief without hypothesis, having no foundation in reality and persistently adhered to against all evidence and reason.