Writing a Will in Israel

A will is one of the most important documents a person can make, and yet many people put it off for years. The reason is understandable: it is hard to think about a time when we are no longer here. But those who plan ahead spare their families uncertainty, legal proceedings and conflict. This guide explains briefly how to write a will in Israel, what the law requires, and what is worth knowing before you start.

What happens when there is no will

When a person dies without a will, the estate is divided according to the Inheritance Law. The law determines who the heirs are and in what share, according to their closeness to the deceased. To carry out the inheritance in practice, the heirs apply for an inheritance order from the Registrar of Inheritance Affairs.

A division under the law is a default. It does not take the deceased's personal wishes into account. It does not distinguish, for example, between a child who cared for a parent and a child who was out of touch, and it does not allow a specific asset to be left to a specific person. Anyone who wants to decide this for themselves needs to write a will.

The types of wills in the law

The Inheritance Law recognizes several types of wills, each with its own formal requirements:

• A handwritten will. The testator writes the will in their own hand, dates it and signs it. No witnesses are needed.
• A will before witnesses. The will is written, usually typed, and the testator signs it in front of two witnesses, who declare that the testator stated in their presence that this is their will. This is the most common form when a lawyer prepares the will.
• A will before an authority. A will made before a body the law authorizes for this purpose, such as a judge or the Registrar of Inheritance Affairs.
• An oral will. Possible only in exceptional circumstances, when a person believes death is near. It is not a substitute for a written will.

The differences are not only formal. A will made without following the requirements may be invalidated, so it is advisable to use a lawyer, especially when there are significant assets or a complex family.

What makes a will valid

For a will to be valid, among other things:

1. The testator must be an adult and fit to make a will, meaning they understand what they are doing and decide of their own free will.
2. The will must be made in a form the law recognizes, and meet the requirements of the type chosen.
3. The will must be clear, so that it is possible to tell who the heirs are and what they inherit.

It is important to know that witnesses to a will, and their spouses, usually cannot be beneficiaries under it. A person who acts as a witness to a will in which they or their spouse receive an asset may invalidate the provision in their favor.

Common mistakes

• Vague wording. A sentence like "the apartment will go to the children" leaves questions open: in what share, and what happens if one child dies first?
• A will that is never updated. Marriage, divorce, a birth, buying or selling a property: all of these can change the picture. A will written twenty years ago may no longer fit.
• Forgetting assets. Bank accounts, pension funds, insurance and assets abroad are not always part of the estate in the same way. It is worth mapping all assets before writing.
• Conflicting wills. A new will does not always cancel the old one explicitly. It is worth stating this in the will.
• Writing without advice. Templates from the internet do not suit every family, and a small mistake can become a big dispute.

What happens after the testator dies

To carry out the will, an application for a probate order is made to the Registrar of Inheritance Affairs. The Registrar reviews the will, publishes the application and allows anyone interested to file an objection. If no objection is filed, or it is dismissed, an order is issued and the rest of the process follows from it, such as transferring assets in the Land Registry and in banks.

If an objection is filed, the matter goes to the court. Common arguments are that the will was made under undue influence, that the testator was not fit to make a will, or that the will was not made according to the formal requirements. The more carefully the will was prepared, the greater the chance that it will withstand scrutiny.

A will and an enduring power of attorney

A will settles what happens after death. But there is another question: who will make decisions for you if you lose the ability to do so yourself during your lifetime, for example because of illness. That is what an enduring power of attorney is for: a document in which you decide in advance who will manage your personal, medical and financial affairs. In proper family planning, the two documents complement each other.

How to start

It is worth starting with a simple list: who the family members are, what the assets are, and what you would want to happen to them. With this list you can come to a conversation with a lawyer, who will review the options, draft a clear will and explain how to keep it and update it.

If you are considering writing a will, you are welcome to contact us for a first conversation. The information in this article is general and is not legal advice, and every case is examined on its own merits.