What to do in Hawaii if a relative refuses to give the original will

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general steps under Hawaii law you can consider when a relative (for example, a step-sister) refuses to turn over an original will. Consult a licensed Hawaii probate attorney for advice tailored to your situation.

Short answer

If the person who is holding the original will refuses to deliver it, you have several options under Hawaii law: ask for the original in writing, preserve evidence, search likely places (bank safe-deposit boxes, attorney files), and if that fails, ask the court to either compel production or to admit a copy of the will to probate as a lost will. You may also be able to seek equitable relief or sanctions against the holder if they intentionally withheld or destroyed the will. A probate attorney can file the correct petition and represent you at any hearing.

Detailed answer — steps to take under Hawaii law

1) Confirm facts and gather evidence

Collect every copy of the will you have (photocopies, emailed scans, drafts).
Locate witnesses: who signed the will as witnesses, who saw the testator sign it, and who prepared it (attorney, notary).
Document communications with the holder (texts, emails, certified mail receipts). Keep a written timeline of conversations and requests for the original.

2) Ask for the original in writing

Send a clear, dated written demand to the step-sister asking her to deliver the original will to the probate court or to your attorney by a specific date. Send it by certified mail (return receipt) or other verifiable method so you have proof she received the request. Keep copies of everything.

3) Search likely locations for the original

Check whether the decedent stored the will with their lawyer or in a bank safe-deposit box. In Hawaii, attorneys often keep original wills for clients. Contact any known attorney or bank the decedent used.
If the will was in a safe-deposit box and the holder refuses to cooperate, a probate court can order the box opened. Note: banks have procedures for access at a death and may require a court order.

4) If the holder refuses, consider a court petition — compel production or admit a copy

Two common court remedies:

Motion/Order to produce the will: A petition to the probate court can ask the court to order the person who has the will to produce it. If the person is in contempt for refusing a court order, the court can impose sanctions or make other orders.
Petition to admit a copy as a lost will: If the original cannot be produced, Hawaii probate law allows a court to admit a copy of a will if the proponent proves the original was executed and is lost or destroyed without intent to revoke. That proof typically requires witness testimony or other credible secondary evidence about the will’s execution and terms.

Hawaii’s probate statutes govern admission of wills and related procedures. See Hawaii Revised Statutes, Chapter 560 (probate). For general probate self-help information in Hawaii, see the Hawaii State Judiciary’s probate page: https://www.courts.state.hi.us/self-help/probate. For statutory text on probate in Hawaii: https://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0501-0588/HRS0560/.

5) Evidence required to admit a lost will

If you seek to admit a copy, you will likely need to show:

The decedent executed the will in the required way (signature and proper witness attestation or self-proving affidavit).
The original cannot be found after a diligent search and is presumed lost or destroyed.
The copy offered to the court is an accurate reproduction of the will’s terms.
Testimony from attesting witnesses or other competent witnesses describing the execution and contents of the will, if available.

6) Other possible claims and remedies

If the holder intentionally concealed or destroyed the will, you might pursue civil remedies (e.g., suit for conversion, constructive trust, breach of fiduciary duty) and ask the probate court for sanctions or an adverse inference.
In some cases, intentional destruction or tampering could be a crime. You can consult the prosecutor or police about criminal referrals, but criminal cases are separate and do not replace the probate petition you may need.

7) When to get a probate attorney

The procedural steps, evidence, and potential remedies can be complex. If the will is contested or the original is withheld, hire a Hawaii probate attorney. An attorney can prepare the petition, gather admissible evidence, subpoena witnesses, and represent you at hearings. Probate practice uses specific forms and courtroom rules; an attorney speeds the process and improves your chance of success.

What to expect in the Hawaii probate court

Procedures vary by county and case complexity. If you file a petition to admit a copy, the court will set a hearing where interested parties may appear and present evidence. The court must be satisfied by the evidence before admitting a copy. If the court orders production and the holder disobeys, the court can hold that person in contempt.

Helpful Hints

Keep calm and document everything. Write down dates, times, and what was said in every contact with the holder of the will.
Secure copies of the will right away (scans, photos). Copies help show the testator’s intent and the will’s contents if you later need to prove a lost will.
Contact attesting witnesses immediately—memories fade and witness testimony is often crucial.
Do not attempt to break into safe-deposit boxes or seize the will yourself—use legal process to avoid criminal exposure.
Send a formal written demand (certified mail) giving a reasonable deadline for delivery. Proof of that demand helps at court.
Ask the bank or attorney who handled the decedent’s affairs whether they have a copy or the original. Many attorneys keep original wills in secure storage.
If litigation looks likely, preserve all electronic communications and back up copies of documents to multiple secure locations.
Hire a probate attorney early if the holder refuses to cooperate, if the estate is large, or if you expect a contest.

For starting points and forms, see the Hawaii State Judiciary probate self-help resources: https://www.courts.state.hi.us/self-help/probate, and refer to Hawaii Revised Statutes Chapter 560 for statutory rules on probate: https://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0501-0588/HRS0560/. Because probate rules and court procedures can change, confirm current forms and local practice with the Hawaii courts or an attorney.

Final note: Taking the proper legal steps—documenting requests, searching reasonable places, preserving evidence, and filing the right petition—gives you the best chance to have your dad’s testamentary wishes honored even if the original will is being withheld.