What is a Will and Why is it So Important?
What is a Will? A will is a legal document that allows a person to determine who will inherit their property (estate) after their death. It is the only way to ensure that property will be distributed exactly according to their wishes, rather than by the default distribution set by law.
When a person dies without a will, the Inheritance Law determines the distribution of the estate (usually between the spouse, children, and parents). A will allows a person to “bypass” the inheritance law, prevent heir disputes, and ensure peace of mind for themselves and their relatives.
4 Types of Wills Recognized by the Inheritance Law
The Israeli Inheritance Law recognizes four main ways to create a valid will:
1. Handwritten Will
This is the simplest type of will. It must be written entirely in the testator’s handwriting, must include a date and signature in their handwriting. The advantage is simplicity and discretion. The disadvantage is that it’s relatively easy to challenge with claims of forgery or incapacity, and it may contain incorrect legal phrasing.
2. Witnessed Will
This is the most common and recommended method. The testator prepares the will (usually typed, with an attorney’s assistance) and signs it in front of two witnesses. The witnesses confirm with their signatures at the same time that the testator declared this to be their will and signed it of their own free will. The presence of witnesses and guidance from an attorney gives the will strong legal validity and makes it very difficult to challenge.
3. Will Before Authority
The testator can declare their wishes verbally before a judge, court registrar, inheritance registrar, or notary. The testator’s words are recorded in a protocol, and they confirm with their signature that this is indeed their wish. This is a very strongly valid will.
4. Oral Will (“Deathbed Will”)
This is a rare case, intended for a person who is on their deathbed or believes they are about to die. They can declare their wishes orally before two witnesses. The witnesses must document the words in a memorandum, sign it, and deposit it with the Inheritance Registrar as soon as possible. If the testator survives for 30 days afterward, the will becomes void.
Will Deposit and Probate
After preparing the will, it is strongly recommended to deposit it with the Inheritance Registrar. The deposit ensures that the will is kept in a secure place, will be discovered after the testator’s death, and prevents claims of destruction or forgery.
After the testator’s death, the heirs must apply for a Probate Order. This is a legal procedure that gives the will the force of a court judgment and enables the distribution of property.
Making a Will is the Most Responsible Act for Your Family
Unprofessional drafting or choosing the wrong preparation method can invalidate the will and cause severe disputes. The guidance of an attorney specializing in inheritance law will ensure that your wishes are fully respected.
Contact our office for consultation and guidance in preparing a will
Frequently Asked Questions About Wills
Q: Do I need an attorney to write a will?
A: No. As mentioned, a handwritten will is valid even without an attorney. However, attorney guidance is strongly recommended. An attorney ensures that the will is drafted with legal clarity, meets all legal requirements, and won’t be subject to misinterpretations that could cause disputes.
Q: What’s the difference between an “heir” and an “estate administrator”?
A: An “heir” is someone who receives the property. An “estate administrator” is a person appointed by the testator (or the court) to manage the property distribution process. Their role is to collect assets, pay debts (if any), and distribute the remainder to heirs according to the will’s instructions. One can appoint either one of the heirs or an attorney as the estate administrator.
Q: Can a will be changed after it’s written?
A: Absolutely. As long as the testator is competent and of sound mind, they can change their will at any time. This can be done by creating a new will (the new will automatically cancels the old one) or by creating a “codicil” to an existing will. It’s important to make any changes using one of the formal methods recognized by law.
The content of this site is intended for informational purposes only, it does not constitute legal advice and is not a substitute for legal advice provided by an attorney.
