Understanding the Different Types of Wills in Inheritance Law in Israel

As we grow older and accumulate assets, it’s important to plan how those assets will be distributed after we pass away. Creating a will is one of the most common ways to do this. In Israel, several types of wills are recognized under the inheritance law. In this article, we’ll explore each type in detail to help you understand which one may be right for you.

1. Handwritten Will

A handwritten will, also known as a holographic will, is a will that is entirely written by the testator (the person creating the will) in their own handwriting. In Israel, a handwritten will is recognized as a valid legal document if it meets certain requirements. First, the will must be written entirely by the testator and signed and dated by them. Second, the will must clearly state that it is the testator’s last will and testament and must name one or more beneficiaries who will receive the testator’s assets after their death.

One of the benefits of a handwritten will is that it can be created quickly and easily without the need for a lawyer or witnesses. However, it’s important to note that a handwritten will may be more vulnerable to challenges in court than other wills.

2. Oral Will

An oral will, also known as a nuncupative will, is a will that is spoken aloud by the testator in the presence of witnesses. In Israel, an oral will is only recognized as valid under very specific circumstances. It can only be used in cases where the testator is facing imminent death, and it must be made in the presence of at least two witnesses who are not beneficiaries of the will.

While an oral will may be a quick and easy way to create a will, it is not recommended as it is often subject to disputes and challenges.

3. Will in the Presence of Witnesses

A will in the presence of witnesses is a will that is written by the testator and signed in the presence of two witnesses. In Israel, this type of will is recognized if it is written by the testator or someone else at their request. In addition, the testator must sign the will in the presence of two witnesses who are not beneficiaries of the will, and the witnesses must sign the will in the presence of the testator and each other.

The main benefit of a will in the presence of witnesses is that it can be created quickly and easily with the help of only two witnesses. However, it’s important to choose witnesses who are not beneficiaries of the will to prevent any conflict of interest.

4. Will in the Presence of an Authority

A will in the presence of authority is a will that is written and signed in the presence of an authorized individual, such as a notary public or a judge. For this legal document to be valid, the will must be written by the testator or someone else at their request. Second, the testator must sign the will in the presence of an authorized individual. Third, the authorized individual must sign the will in the presence of the testator and any witnesses.

The benefit of a will in the presence of authority is that it is less vulnerable to challenges in court than other types of will. This is because an authorized individual ensures the will is valid and meets all legal requirements.

Consult with Our Expert Lawyers

A will in the presence of authority provides an additional layer of legal protection and validity to the document. Having an authorized individual oversees the creation and signing of the will helps reduce the risk of disputes and challenges in court. This type of will is particularly useful when the testator faces potential disputes over their estate or simply wants to ensure their final wishes are carried out as intended.

If you are considering creating a will in the presence of authority or need assistance with any aspect of estate planning, Eli Shimony Law Office is here to help! We are dedicated to obtaining successful outcomes and building lasting connections with our clients. We offer straightforward, easy-to-understand advice, as well as attentive legal support and assistance. If you need legal assistance in matters related to Israel inheritance law, we’ve got you covered! Get in touch with us today and let’s talk!

Eli Shimony – Israeli law firm represents clients on all legal matters in Israel. For any questions please contact us and we will be happy to assist.
By email: [email protected], By phone: +972-52-2769773, +972-3-5507155.
The above is only general information and does not replace legal advice which is usually necessary before taking legal proceedings.