A carefully prepared will can provide peace of mind for you and your loved ones. It can ensure that your assets will be distributed to your family members and others according to your wishes. Here, we discuss four types of wills in Israeli inheritance law.
Four Types of Wills in Israel
Israeli inheritance law recognizes four types of wills. To be valid, each type of will must meet certain requirements. Those types of wills are:
This testator personally prepares this type of will. It is one that is literally written in the hand of the testator. For the will to be deemed valid during the probate process, the testator must have signed and dated it. In some cases, a handwriting expert is called in to authenticate the will. Unfortunately, many people prepare handwritten wills without legal guidance. As a result, the will may contain provisions which are contrary to Israeli law, or it may contain mistakes. If a will has these errors, it may not hold in Israeli family and probate court.
Will in the Presence of Witnesses
This type of will is the one most commonly used in Israel. Typically, a lawyer will prepare the will in writing according to the testator's wishes. The lawyer will ensure that it is clear and accurate, and that it comports with Israeli law. To be valid, the testator must sign and date the will in the presence of two witnesses who are not related to each other or to the testator. They must also sign and date it, print their names in legible writing and list their addresses and ID numbers. They must also initial each page of the will. With a lawyer's guidance and all of these requirements met, the will should withstand scrutiny during probate.
Will in the Presence of an Authority
With this type of will, the testator may verbally state his or her wishes before one who is authorized by the State of Israel to confirm the validity of wills – specifically, a judge, registrar or notary. The authority will then read the will back to the testator in order to verify its accuracy. If the testator affirms it, then the testator must then sign and date a declaration, which the authority will then certify. This type of will may be preferable if the testator is concerned about beneficiaries learning about the will's provisions before the testator's death.
Some people refer to this type of will as a "deathbed will." The testator creates the will by making an oral statement at a time when the testator believes that he or she is on their deathbed and believes death to be imminent. To be valid, the statement must be made in the presence of two witnesses who can understand what the testator is saying. They must record the will and deposit it with the Registrar for Matters of Succession. If the testator is still alive one month after he or she made the will, it will no longer be valid.
Israeli Probate and Estate Planning Lawyer
In order for a will to fully and clearly reflect a person's wishes and meet all legal requirements in Israel, the person should seek the assistance of a knowledgeable Israeli-licensed lawyer. If a will is not properly prepared and executed, it may lead to the very same problems that the testator wanted to avoid by making one in the first place. Will disputes during the probate process can be costly and stressful for all parties.
If you would like to learn more about the role that a will can serve in your overall estate plan, please contact Aharoni Law Firm for a complimentary consultation. A knowledgeable and experienced probate and estate planning lawyer from our Israeli law firm will tailor our advice and representation to meet your unique needs.
For highly personalized legal assistance with the drafting of your will, you can turn to the Israeli probate and estate planning lawyers of our law firm. We can offer decades of hands-on experience in Israeli probate courts and a commitment to meeting all of your objectives. Connect with us today to discuss your Israeli will and other estate planning needs in a complimentary consultation. With offices in New York, Florida, Los Angeles and Tel Aviv, we work with international clients throughout the world.