How to Write My Own Last Will and Testament

A will states who should take possession of your assets upon your death, how the assets of your estate should be preserved, and ensures that items of sentimental value are left in the possession of family members or friends who will treasure them. Your will can set out other terms pertaining to the care of your minor children and division of your assets.

Regardless of your intent, you will be happy to know that making a will and testament is a relatively straightforward and inexpensive affair in Israel. Here are answers to common questions on ‘how to write my own last will and testament’.

At what age should you write your will?

Anyone 18 years or older can write a will. The person making the will is the testator, and they should be capable of understanding the contents of their will. There is no right or wrong age to make a will; it’s more important that you have a legal, valid will when you wish to formalize inheritance matters that are important to you.

You may wish to set out who manages your estate and who will not receive anything from your estate. You could name a caretaker for your pet and leave a certain amount of money for pet care. It’s up to you when you want to take this step. When you’re ready, you will want to know about the different types of wills, and how to write out a last will and testament free of errors.

Types of wills

Israeli law recognizes different types of wills, as explained below:

A handwritten will is written entirely by the testator and signed with their handwritten signature. The date on which the will was made should also be added in the testator’s handwriting.

A will in the presence of witnesses bears the testator’s signature, and is made in the presence of two adult witnesses. The will should contain the legible signatures of both witnesses, as well as their ID number and addresses.

A will in the presence of an authority is made by the testator, and provisions in the will are then read back to the testator by the authority. The declaration is signed and certified by the person in authority. The other instance when the testator might want to know how to write a last will or testament is when they believe they’re physically incapable of drawing one up on their own, as discussed below.

An oral will, also known as a deathbed will, is permitted only when the testator is on their deathbed, or views themselves as being in such a situation. It is made before two witnesses, who must understand the testator’s language and record the content and testator’s instructions, along with the date on which the will is made. Thereafter, the will should be deposited with the Succession Cases Registrar.

A mutual will for married or committed couples

A mutual will is executed jointly by a married or committed couple, and is binding on both. The primary purpose of a mutual will is to ensure that the couple’s estate is inherited by the intended beneficiaries. Most often, married couples choose to leave their share of the estate to one another, and upon their demise, pass on the assets to family members. The will cannot be modified or revoked by one party without the consent of the other party.

How do you write a will and testament without errors?

Errors in a will can render it invalid. Avoid these common mistakes made while drafting a will:

A handwritten will should be written entirely in the testator’s handwriting. It cannot be printed with the addition of a handwritten signature.
The conditions for the division of assets in the will must be reasonable and enforceable. The court can declare void uncertain or unreasonable conditions such as a requirement that the beneficiary must take up a profession, reside in a specific place or not associate with certain people.
As much as possible, avoid negative content. A clear description of which assets must be given to whom can avoid any issues with the will’s execution.
If the testator is an elderly or sick individual, then a medical expert opinion deeming them fit to make the will can prevent claims regarding undue influence, a lack of legal capacity, or other claims that may invalidate the will.

Our law office specializes in inheritance law in Israel, laying out all the options you have to pass on your assets. Talk to us for more guidance on how to write a will and last testament.