When to Make a Will, and What Types of Wills Exist
The four types of will Israeli law recognizes, what each one needs to be valid, what a mutual will is, and why a promise or agreement is not a substitute.
"Wills are only for the wealthy" is one of the most widespread misconceptions there is. In reality, a will is the only way to make sure your property is divided exactly as you want it to be, rather than according to the order of distribution that the Inheritance Law lays down by default.
When Making a Will Is Particularly Worth Considering
There are several situations in which making a will is especially important: couples who are not married, whose rights under the law are different and more limited; parents of children from a previous marriage who want to ensure a fair division; business owners who want to prevent the management of the business from being paralyzed; anyone who wants to leave a specific asset to a specific person rather than simply setting out a general division; and anyone who simply wants peace of mind and clarity for the family.
The Four Types of Will the Law Recognizes
A handwritten will: written in full in the testator's own handwriting, dated and signed by the testator. No witnesses are required
A will before witnesses: written, not necessarily by hand, dated and signed by the testator in the presence of two witnesses, who sign it as well at that same time and confirm that the testator declared before them that this was their will
A will before an authority: the testator states their wishes, or submits the will in writing, before a judge, a court registrar, the Registrar of Inheritance Affairs, a member of a religious court, or a notary. What is colloquially called a "notarial will" is not a fifth type of will but a will before an authority where the authority happens to be a notary, and it has the same standing as a will made before a judge
An oral will, also known as a deathbed will (shchiv mera): an emergency route only, for a person who is dying or who sees themselves as facing death. It is stated before two witnesses, and the witnesses must draw up a written record (zichron dvarim) setting out the testator's words, the date and the circumstances, sign it and deposit it with the Registrar of Inheritance Affairs. Without that record and deposit there is effectively no will. Its validity is limited in time and it expires one month after the circumstances that justified it have passed, if the testator is still alive
Mutual Wills: The Central Tool for Couples
Spouses can make mutual wills, in which each of them makes their will in reliance on the will of the other. The Law expressly regulates the mechanism for revoking them, and it differs from that of an ordinary will: as long as both spouses are alive, the one wishing to revoke must give written notice to the other spouse, and such a revocation cancels the other spouse's will too. After one of them has died, the surviving spouse can go back on the will only under stringent conditions that involve returning, or giving up, what they received. It is important to understand the mechanism in advance, because it is exactly what gives a mutual will its value, and also what limits it.
A Promise in an Agreement Is No Substitute for a Will
Here is a point many families come to grief on: an agreement in which a person undertakes during their lifetime as to who will receive their property after their death is void under the Inheritance Law, and a waiver of a future inheritance is likewise ineffective. The only way to arrange the matter is by will, not by a promise, a letter or a family agreement.
Which Type Suits You
No type is better in the abstract; the question is what suits your circumstances. A will before witnesses is the most common, because it combines drafting flexibility with a high degree of legal certainty. A will before an authority is regarded as harder to challenge in the future, precisely because of the involvement of the official body in making it.
FAQ
Technically no. A handwritten will, for example, can be made without a lawyer. In practice legal guidance is strongly recommended, because small drafting errors, for instance in defining the heirs, in dealing with particular assets, or in failing to meet the formal requirements, are the most common reason that wills are challenged or cannot be carried out as the testator intended.
Yes, and freely. A will can be revoked or updated at any time as long as the testator is alive and competent. What matters is that the update is done properly, for example by making a new will that revokes the earlier one, rather than by an oral promise, which has no effect. Mutual wills are subject to special revocation rules, including the duty to notify the other spouse.
As a rule the later will prevails over earlier ones, to the extent that it deals with the same matters. That is precisely why it is important to keep track of which wills exist and when each one was made, and to avoid a mixture of conflicting documents.
If you are dealing with a similar situation and would like to review the specifics of your own case, you are welcome to contact me by phone at 054-4417869 or by email at leon@sverdlov.co.il.
The content of this guide is general information only, intended to explain the legal background in accessible language. It does not constitute legal advice and is not a substitute for individual legal advice that takes the circumstances of the particular case into account. Nothing set out here should be relied upon for the purpose of making decisions or taking action. The law, the case law, the amounts and the deadlines may change from time to time, and every case is judged on its own facts. © All rights in the content of this guide, including its wording, its structure and its editing, are reserved to the Law Office of Leon Sverdlov. The content may not be copied, reproduced, distributed, published, translated or used for commercial purposes, in whole or in part, by any means whatsoever, without the prior written permission of the firm.
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