In short
Which kind of will is least exposed to challenge?
The Succession Law recognizes four forms of will: handwritten, before witnesses, before an authority, and oral for a person facing death. A will before two witnesses, drafted by a lawyer who documents its signing, reduces the risk of claims against it.
Four Forms of Will
The Succession Law recognizes four forms of will: a handwritten will, written entirely in the testator's own hand, dated and signed by the testator; a will before witnesses, which the testator signs in the presence of two witnesses who confirm this with their signatures; a will before an authority, such as a judge or the Registrar of Inheritance Affairs; and an oral will, permitted only in exceptional circumstances, such as a person on his or her deathbed.
The most common form is a will before witnesses. The witnesses must be adults, and it is advisable that they not be beneficiaries under the will or the spouses of beneficiaries, because a provision in their favor is void.
Mutual Wills for Spouses
Spouses can make mutual wills, in which each leaves his or her estate to the other, sometimes deciding together what the children will receive after both have died. The law restricts the ability to revoke such a will: while both spouses are alive, revocation requires written notice to the other spouse, and after one of them dies, revocation is possible only under the conditions set by law.
That is why it is important to decide in advance what happens if the surviving spouse wants to sell the apartment, remarry or change the distribution.
Wording That Reduces Disputes
Most objections to wills rely on claims of incapacity, undue influence or formal defects. Clear wording, witnesses unconnected to the beneficiaries and, where the distribution is unequal, an explanation in the will itself reduce the risk.
A will can be deposited with the Registrar of Inheritance Affairs, so that it is not lost and can be located. A person who wishes to change his or her wishes makes a new will.
What the service includes
- Drafting a will before witnesses
- Mutual wills for spouses
- Provisions for an apartment, a business and accounts
- Depositing the will with the Registrar of Inheritance Affairs
When to contact us
- You want to decide what your family members will receive
- Spouses want mutual wills
- There are children from a previous marriage or an unequal distribution
- There is an apartment, a business or an asset abroad
What to bring to the meeting
- A list of assets: apartments, accounts, funds and business
- Details of the beneficiaries
- An earlier will, if any
- A prenuptial or property agreement, if any
Drafting a Will and Mutual Wills throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
What is the difference between a handwritten will and a will before witnesses?
A handwritten will is written entirely in the testator's own hand, dated and signed, without witnesses. A will before witnesses is signed in the presence of two witnesses who confirm this with their signatures. A handwritten will is more exposed to claims of forgery or ambiguity.
Can a mutual will be revoked?
While both spouses are alive, either of them may revoke, but only by written notice to the other spouse. After one of them dies, the law restricts the surviving spouse's ability to revoke.
Who can witness a will?
An adult who has not been declared legally incompetent. It is advisable that the witnesses not be beneficiaries under the will or the spouses of beneficiaries, because a provision in favor of a witness is void.
