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What kind of Will is considered legally valid?

Anat Levi
Anat Levi

A legally valid will in Israelmust be in one of the following formats:

  1. Handwritten, signed and dated: If the will was done solely in the handwriting of the successor, it must include the date the will was written, and signed by the successor themselves to be considered legal.
  2. Written by another party: Another option for a will to be considered legal is if it was written by another party (a lawyer, a relative who does not benefit from the will’s provisions, a friend). The will must include the signature of the testator and the date of signing. Such a will must be signed by the testator in the presence of two witnesses who testify by oath that it is, indeed, the testator’s will.
  3. Before a legal entity: A third way to construct a legal will is for the testator to present their will in form of speech or writing in front of a legal entity, such as a judge, a court registrar, the Registrar of Inheritance, or a member of authority in a rabbinic court. After presenting the will to one of the above, it is read back to the testator. Upon confirmation that the will expresses the desires of the testator, the legal entity will authorize the will.
  4. Final say: The fourth and last way a legally valid will can be constructed is when the person making the will is near death. The testator may be on their deathbed and wishing to provide a will, but without the ability to write it. The law requires that there be two witnesses to such a will – who write down in form of a memorandum the wishes of the testator who is, or believes he is, about to die. The two witnesses must sign the memorandum and deposit it by the Registrar of Inheritance as soon as possible. Not doing so immediately will raise suspicion concerning the will’s authenticity.

Depositing a legally valid will before the registrar

Though the will done in form of a memorandum must be given to the Registrar of Inheritance by the witnesses themselves, the other formats of wills mentioned above may be deposited to the Registrar of Inheritance by the testator. A will that was deposited to the Registrar of Inheritance and was kept in deposit until the death of the successor will be considered apparent evidence that it is, in fact, the testator’s will.

Alternately, the will may be kept at an attorney’s office (presumably the attorney that helped write the will). Finally, the will may be kept in the family home. However, if no copies were filed with the registrar or deposited with an attorney, anyone attempting to contest the will has better grounds to claim it was falsified or amended.

Contact an inheritance law expert

Our law office has a number of attorneys specializing in Israeli inheritance law. If you need help or advice with formulating a will, in any form, we are at your service. Schedule a meeting with an advocate in Jerusalem or Tel Aviv, or a remote consultation:

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