Detailed Answer

If you believe a decedent’s will was forged, you can challenge its admission to probate in Hawaii. Below is a clear, step-by-step explanation of what that process usually looks like under Hawaii law, what evidence helps, the immediate actions to take, and what outcomes to expect. This is educational information only and not legal advice.

1. Who can challenge a will in Hawaii

An “interested person” may contest a will. That term usually includes beneficiaries named in prior wills, heirs under intestacy rules, surviving spouses, or other people with a financial stake in the estate. If you think the signature or entire document is forged, you are likely an interested person if you would receive something different if the contested will is not admitted.

2. Act quickly: timing and temporary steps

Probate moves on a schedule. When someone files a will for probate, the court and personal representative give notice to interested persons. You must raise objections promptly after notice. If you wait too long, you may lose the right to contest. Immediately take steps to preserve evidence: locate and secure the original will if possible, preserve any drafts or related documents, and avoid altering or handling key evidence that could affect a handwriting or ink analysis.

3. How to start the contest

Check whether the estate has already been opened in the Hawaii probate court where the decedent lived. The probate clerk can tell you whether a petition to admit the will has been filed.
If you have received formal notice, file a written objection or contest in that probate case within the deadline stated in the notice and the court rules. If no notice has been given but a will has been filed, contact the probate clerk immediately to ask how to register your objection or file a caveat or contest.
Ask the court for preservation orders if you fear the original document, signatures, or other physical evidence will be destroyed or altered. The court can issue temporary orders preventing distribution of assets while the contest proceeds.

4. Common legal grounds to challenge a will

Forgery: You believe the signature or the entire document was fabricated or traced.
Lack of testamentary capacity: The decedent did not understand what they were signing or the effect of the document when it was executed.
Undue influence: Someone pressured, coerced, or manipulated the decedent into signing a will they would not otherwise have signed.
Improper execution: The will was not signed and witnessed in the manner required by Hawaii law.
Fraud or mistake: The decedent was deceived about the contents or purpose of the document.

5. Evidence that helps prove forgery

Forgery cases depend heavily on documentary and expert evidence. Useful evidence commonly includes:

The original will, not just a copy
Known exemplars of the decedent s handwriting and signature (older documents, checks, letters)
Witness testimony from people who saw the will signed or who know the decedent s signature and writing
Forensic handwriting analysis and ink/paper analysis
Communications, drafts, or metadata (emails, electronic drafts) showing who prepared the document
Evidence of motive and opportunity for the alleged forger

6. How the court decides

The probate judge evaluates evidence and decides whether the will is valid. In many contests the party opposing admission must produce evidence showing a credible question about authenticity. If that showing is met, the court may order a trial where witnesses and experts testify. Outcomes include admitting the will, refusing admission because of forgery, or admitting part but not all of the instrument. Exact procedures and evidentiary standards are governed by Hawaii court rules and statutes and can vary by case.

7. Practical steps and immediate checklist

Locate and secure the original will and any drafts.
Make copies of relevant documents and preserve electronic records.
Identify potential witnesses and collect contact information.
Do not alter or sign documents related to the estate.
Consult a probate attorney experienced with will contests and forgery claims.

8. Costs, experts, and likely timeline

Contests often require expert fees for handwriting analysis, depositions, and court time. Cases can take months or longer, depending on complexity. Because contests are fact-intensive and can be expensive, parties sometimes settle. Ask potential attorneys about cost estimates, likely discovery, and options to seek interim relief from the court to protect estate assets.

9. Where to find Hawaii statutes and court information

For the text of Hawaii statutes and the probate code, see the Hawaii Revised Statutes online at the Hawaii State Legislature site: https://www.capitol.hawaii.gov/hrscurrent/. For practical probate forms, rules, and Hawaii court procedures, see the Hawaii State Judiciary s probate and estate administration resources: https://www.courts.state.hi.us/self-help/estate_administration.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different. Consult a licensed Hawaii attorney promptly to discuss your specific facts and deadlines.

Helpful Hints

Do not delay. Missing a probate deadline can forfeit your right to contest.
Preserve originals. Courts give strong weight to the original document and its chain of custody.
Document everything. Keep notes of conversations, calls, and who had access to the decedent and the will.
Get professionals. A probate lawyer and a qualified forensic document examiner improve your chance of proving forgery.
Consider mediation. If personalities and relationships allow, mediation can resolve disputes faster and cheaper than a trial.
Expect discovery. Be prepared for depositions, subpoenas, and exchange of documents between parties.
Ask the court for temporary protections if assets are at risk of being dissipated while you contest the will.