How to Write a Will in Israel
Key Information: Legal Validity of a Will
Simply drafting and signing a will is not enough to make it enforceable. To ensure a will is legally binding and can be executed to distribute the deceased’s estate according to its terms, you must obtain a probate order from the Registrar of Inheritance Affairs or a rabbinical court in Israel. This process may face challenges, such as objections that could question the will’s validity and potentially lead to its disqualification by a court if the objections are upheld.
To ensure the will is legally sound and can withstand potential objections, it is highly recommended to draft it with the assistance of an experienced lawyer specializing in wills and inheritance law in Israel. A skilled attorney can help ensure compliance with all legal requirements.
Essential Guidelines for Drafting a Will
Under Israel’s inheritance laws, there are four types of wills: handwritten, witnessed, before an authority, and oral (known as a “deathbed will”). Each type has specific technical and formal requirements that must be met to ensure the will’s validity and to obtain a probate order. These are outlined below.
Additionally, the person drafting the will must be of sound mind, fully understand the will’s implications, and act of their own free will, without undue influence, coercion, or exploitation. Israel’s inheritance laws emphasize the principle of “testamentary freedom,” meaning the testator can bequeath their estate to anyone they choose, without any obligation to reserve a portion for family members, unlike some countries. This allows the testator to exclude certain family members or heirs as defined by law, provided it is done freely and without improper external influence.
Types of Wills in Israel
According to Israel’s Inheritance Law, there are four main types of wills, each with specific requirements:
- Handwritten Will (Section 19): A handwritten will must be entirely written, dated, and signed by the testator’s hand. It cannot be typed or written by someone else.
- Witnessed Will (Section 20): This will can be handwritten or typed, must include the testator’s signature and date, and requires two competent witnesses (adults not disqualified under Section 24). The testator must declare it as their will in the presence of the witnesses, who then confirm and sign it at the same time.
- Will Before an Authority (Section 22): This will is presented orally or in writing to a judge, notary, court registrar, inheritance registrar, or religious court member. If given orally, the authority records it, reads it back to the testator, and confirms it in writing.
- Oral Will/Deathbed Will (Section 23): An oral will is made by someone facing imminent death, spoken to two competent witnesses who understand the testator’s language. The witnesses must document the will, sign it, and submit it to the Registrar of Inheritance Affairs promptly. If the testator survives for more than a month, the will becomes void.
Mutual Wills in Israel: What Are They?
In addition to individual wills, Israel’s Inheritance Law allows couples to create a “mutual will” under Section 8a. This type of will is drafted by two people, typically partners, relying on each other’s instructions. Key points include:
- Partners do not need to be legally married; common-law partners, including same-sex couples, can draft mutual wills.
- The estate does not have to be bequeathed to the partner; it can be left to a third party, such as a child or grandchild.
- Mutual wills can be drafted as one document or two separate ones, provided they reflect mutual reliance.
- The “mutuality” lies in each partner’s instructions depending on the other’s, e.g., one partner bequeaths their estate to the other, relying on reciprocal arrangements.
Canceling a Mutual Will
Canceling a mutual will is possible but has specific legal implications:
- If both partners are alive: Cancellation requires notifying the other partner. Without notification, the cancellation is invalid. Upon notification, both mutual wills are voided.
- If one partner has passed away: If cancellation occurs before the deceased partner’s estate is distributed, the surviving partner must renounce their share in favor of the deceased’s child or sibling. If the estate has already been distributed, the surviving partner must return everything received from the deceased’s estate.
Practical Steps to Prepare for Drafting a Will
Drafting a will is one of the most significant documents a person can create regarding their estate, requiring careful thought and precision to avoid disputes over its validity or interpretation. Here are practical steps to prepare:
- Compile a Detailed Asset List: Clearly list all assets, including:
- Real Estate: Provide the address and, ideally, the block and parcel numbers (gush and helka) as registered with the Israel Land Registry or other land registries.
- Vehicles: Include the make and license plate number.
- Bank Accounts: Specify the account name, number, branch, and bank.
- Insurance Policies, Pension Funds, etc.: Note their names, numbers, and managing entities.
- Shares: List the number, type, and company name.
- Define Beneficiaries and Distribution: Specify who inherits what and whether assets are divided equally or differently among beneficiaries.
- Ensure Mental Capacity: For elderly or unwell testators, obtain a medical certificate confirming mental clarity and capacity to draft a will. Some prefer to record the signing process on video to further validate the testator’s competence.
By following these guidelines and consulting a qualified lawyer specializing in inheritance law in Israel, you can ensure your will is legally robust and reflects your wishes accurately.
