Types of Wills in Israel — Which Will Is Right for You? | Attorney Rozil Amir

What Is a Will in Israel and Why Is It Important?

A will is a legal document that expresses your wishes regarding how your assets will be distributed after your death. In Israel, a will is an essential tool for inheritance planning, protecting the rights of your heirs, and ensuring that your wishes are carried out. Without a will, your estate will be divided in accordance with the Law of Succession, 5741-1981, which may not align with your personal wishes.

In Israel, there are three main types of wills, each with different legal requirements, advantages, and disadvantages. Choosing the correct type of will will affect its legal validity, the ease of handling the inheritance, and future legal expenses.

Why Is It Important to Choose the Right Type of Will?

• Legal Validity: A will that does not meet the requirements of the law may be void, resulting in the distribution of assets in accordance with the Law of Succession, not your wishes.
• Avoiding Family Conflicts: A clear and lawful will will reduce the likelihood of appeals and legal proceedings among heirs.
• Fast and Efficient Handling Process: a will before an authority or a will with authorized witnesses may facilitate the process of will probate in court.
• Tax Reductions and Financial Savings: Choosing the correct type of will may affect inheritance expenses and property tax obligations.

In this section of the guide, we will review the three types of wills in Israel in detail and explain how to choose the will that best suits your unique circumstances.

Types of Wills in Israel — A Comprehensive Comparison

1. Will with Witnesses (Testimonial Will)

A will with witnesses is an oral or handwritten will executed in the presence of two witnesses, who testify that the testator (will maker) declared their wishes before them. This is the oldest type of will in Israel and is still used today, particularly in cases where a person cannot reach a government authority due to health reasons or location constraints.

Legal Requirements: According to the Succession Law, a will with witnesses must be executed in the presence of two competent witnesses (not family members, not interested parties in the estate, not persons with cognitive limitations). The witnesses must sign the will and testify that they saw the testator declare their wishes.

Advantages:

• Flexibility in location and timing — a will with witnesses can be prepared anywhere, including in a hospital or at home.
• Savings in administrative costs compared to a will before an authority.
• Privacy preservation — the will is not registered with an official authority.
• Speed of execution — no need to coordinate with an authority or undergo a lengthy process.

Disadvantages and Risks:

• Legal challenges: A will with witnesses may be challenged relatively easily, especially if there are doubts about the testator's capacity or true intentions.
• Proof of validity: When filing an application for probate in court, you must prove that the witnesses were competent and that they knew the testator.
• Conflicting testimony: If one of the witnesses or a family member disputes the validity of the will, you may need to prove it in court, which can be costly and time-consuming.
• Loss of witnesses: If one of the witnesses dies or is unavailable when needed, you must find alternative evidence.

2. Handwritten Will (Holographic Will)

A handwritten will (holographic) is a will written entirely by your own hand, signed by you, and without the need for witnesses or participation of an authority. In Israel, a handwritten will is legally recognized if it meets certain legal requirements.

Legal Requirements: According to the Succession Law, a handwritten will must be:

• Written entirely in the testator's own handwriting (not printed, not by another person).
• Signed by the testator.
• Dated (with the date written).
• Written in Hebrew or in a language the testator is fluent in.

Advantages:

• Simplicity and cost savings — no need for witnesses, an authority, or legal expenses.
• Complete privacy — you can keep the will at home, in a safe deposit box, or in a bank safe.
• Flexibility — you can change or write a new will relatively easily.
• Immediacy — you can write a will at any time, without coordination or preliminary preparations.

Disadvantages and Risks:

• Frequent challenges: A handwritten will is the easiest type to challenge, since there are no witnesses or official approval. Heirs may question the testator's capacity, the validity of the will, or the testator's free intent.
• Readability or comprehension issues: If the handwriting is unclear, there may be problems interpreting the will.
• Loss or damage: A handwritten will may be lost, burned, or destroyed, without an official copy.
• Proof of date and identity: When probating the will in court, you must prove that the will was written on the stated date and in the testator's own hand.
• Failure to meet legal requirements: If the will does not meet legal requirements (for example, incomplete signature or missing date), it may be invalid.

3. Will before an Authority (Statutory Will)

A will before an authority is a will executed before an authorized official from the Ministry of Family Affairs (formerly the Ministry of Government), in the presence of two competent witnesses. This is the most formal type of will in Israel and is considered the most legally secure.

Legal Requirements: A will before an authority must be:

• Prepared in the presence of an authorized government official.
• Signed by the testator, the official, and two competent witnesses.
• Registered in the Will Registry of the Ministry of Family Affairs.
• Documented in an official protocol.

Advantages:

• Enhanced legal validity: A will before an authority is the most legally protected type. It is more difficult to challenge its validity, since it has been reviewed for legal compliance at the time of execution.
• Clear evidence: The authority retains a copy of the will, preventing issues of loss or damage.
• Legal guidance: The official will explain the legal requirements and ensure that the will complies with all requirements.
• Facilitation of probate process: When filing an application for probate in court, the probate process may be faster, since the will has already been formally approved.
• Protection from challenges: It is more difficult to challenge a will before an authority, since it has been reviewed for legal compliance and formally registered.

Disadvantages and Risks:

• Costs: A will executed before an authority involves legal and government fees, typically within a few hundred shekels.
• Process Duration: You must coordinate with the authority, schedule an appointment, and appear in person, which may take weeks.
• Additional Expenses: If you require legal advice or assistance in preparing the will, these costs may be higher.
• Lack of Privacy: The will is registered with a public authority, which may compromise your privacy (although access can be restricted).

Which Will to Choose — Important Considerations

Choosing the type of will depends on several factors, such as the complexity of your assets, your health status, your desire to maintain privacy, and your budget. Below are some important considerations to help you choose the appropriate will:

Consideration 1: Complexity of Your Assets

If you have complex assets, such as a business, real estate, investments, or liabilities, it is advisable to choose a will before an authority or even consult with a lawyer. A handwritten or witnessed will may be insufficient or not detailed enough to handle complex assets. Legal consultation will help you ensure that the will includes all assets and addresses complex scenarios, such as financing shared assets or managing a business.

Consideration 2: Your Health Status

If you have a serious health condition or are advanced in age, it is advisable to prepare a witnessed will or a will before an authority as soon as possible. A handwritten will may be challenged on the grounds that you did not have legal capacity when writing it. A will before an authority or witnessed will, with witnesses who can testify to your capacity, will be more legally secure.

Consideration 3: Desire to Maintain Privacy

If you prefer to maintain complete privacy, a handwritten or witnessed will is the best choice. A will before an authority is registered in a public registry, which may compromise your privacy. However, if you prefer legal security over privacy, a will before an authority is the best choice.

Consideration 4: Budget and Future Plans

If you have a limited budget, a handwritten or witnessed will is the most economical choice. A will before an authority involves legal and governmental costs. However, if you prefer to spend money now to avoid legal disputes in the future, a will before an authority or legal consultation with a lawyer may be worthwhile.

Consideration 5: Risk of Family Challenges

If you are concerned that heirs may challenge your will, or if there are family tensions, a will before an authority is the best choice. A will before an authority is harder to challenge because it was reviewed legally when drafted. Legal consultation with a lawyer can also help you draft the will clearly and explicitly, which will reduce the risk of challenges.

Consideration 6: Ability to Modify the Will in the Future

If you want the flexibility to change your will in the future, a handwritten or witnessed will is the best choice. You can write a new will relatively easily, without needing to coordinate with an authority. However, if you want to modify a will before an authority, you must file an application for revocation or modification with the authority, which may take time and money.

The Process of Writing a Will in Israel — Practical Steps

Regardless of the type of will you choose, the drafting process requires careful planning and proper execution. Below are practical steps to help you update your will:

Step 1: Preparation and Planning

• List your assets: Prepare a comprehensive list of all your assets, including real estate, funds in bank accounts, investments, valuable personal property, and liabilities.
• Determine your heirs: Decide who your heirs are and what portion of your assets you want them to receive.
• Appoint a guardian or estate administrator: If you have minor children, designate who will be their guardian. If you have complex assets, appoint an estate administrator to manage the distribution of your assets.
• Plan for taxes and charitable donations: Consider the tax implications of your will, and plan donations or tax deductions if applicable.

Step 2: Choosing the Type of Will

Choose the type of will that best suits your circumstances, based on the considerations outlined above. If you are unsure, consult with a legal attorney specializing in wills and inheritance law.

Step 3: Drafting the Will

• Handwritten will: Write the will in your own handwriting, in Hebrew, with clear details of the heirs, assets, and distribution. Sign and date it.
• Will with witnesses: Arrange for two qualified witnesses (not family members), read the will in front of them, and they will sign as witnesses.
• Will before an authority: Contact the family court or authorized authority, schedule an appointment, and appear in person with two qualified witnesses. The court official will assist you in drafting the will.

Step 4: Storage and Management

• Keep a copy: Keep a copy of your will in a safe place, such as a safe deposit box, home safe, or with an attorney.
• Review periodically: Review your will from time to time, and ensure that it still reflects your wishes and includes all your new assets.
• Update upon changes: If your circumstances change (for example, marriage, divorce, purchase of a new property, or changes in family circumstances), update your will accordingly.

Comparative Table — Types of Wills in Israel

The above table presents a general comparison. Each case is unique, and the final choice depends on your personal circumstances. It is advisable to consult with an attorney experienced in wills and inheritance law.