Notarial Will
A notarial will is a will made before a notary, whom the Succession Law treats as an authority for this purpose. This guide explains what separates it from the other forms of will, how the procedure actually runs, and what the regulations fix as the fee.
A will before an authority
The Succession Law, 5725-1965 recognises four ways of making a will. One of them is a will before an authority, under section 22 of the Law. An authority, for this purpose, means a judge, a registrar of a court, the Registrar of Inheritance Affairs, a member of a religious court, and a notary.
An important distinction: a will is not made before an authority merely because the lawyer who drafted it also happens to be a notary. It is made before an authority only where the procedure itself was conducted before the notary in the manner the Law prescribes, as set out further down this page.
The four forms of will
A handwritten will (section 19). Written entirely in the testator's own hand, carrying a date and a signature in that same hand. The simplest to make, and the most exposed to challenge.
A will with witnesses (section 20). In writing, dated, with the testator declaring before two witnesses that this is the will and signing it in their presence. The two confirm this by signing on the face of the will.
A will before an authority (section 22). Spoken to the authority or submitted to it in writing, read aloud to the testator, who then declares that this is the will. The authority certifies on the face of the will that it was read aloud and that the testator so declared.
An oral will, made in extremis (section 23). Open only to a person who is dying, or who sees themselves facing death in circumstances that justify it. It is spoken before two witnesses, who record a memorandum, sign it and deposit it with the Registrar of Inheritance Affairs.
An oral will lapses one month after the circumstances that justified it have passed, if the testator is still alive.
What the advantage is
A will before an authority is commonly described as the strongest of the four forms, because the procedure itself is documented by the authority and because the reading aloud and the declaration take place before it. That narrows the room for later claims of misunderstanding or of an absence of settled intention.
A notary is a far more accessible authority than a court. The appointment is made at the office, at the pace of the person making the will, and it can be combined with advice on succession law that a court does not give.
A will before an authority is the most fully documented of the four forms. The reading aloud, the declaration and the certification all take place before the notary and are recorded by him, so a professional record of what happened in the room is preserved. That is precisely what holds up well if and when anyone later asks to examine the will.
How the procedure runs
- Preparation. The content of the will is drawn up in advance, and the details of the heirs and the estate are settled.
- Reading aloud. The will is spoken to the notary or submitted in writing, and the notary reads it aloud to the testator.
- The declaration. The testator declares before the notary that this is the will.
- Certification. The notary certifies on the face of the will that it was read aloud and that the testator so declared.
Where the testator does not know the language in which the will is drawn up, a translation has to be arranged, and this is where a will meets notarial translation.
What it costs
The notary's fee for certifying a will is fixed by the Notaries Regulations (Service Fees), 5739-1978. It is identical at every notary in Israel and is updated on 1 January each year according to the consumer price index.
The full and current price list is kept in one place on our notary department page.
The notary's fee for the certification is separate from the fee for drafting the will and for the advice that precedes it. Only the first is fixed by regulation.
In summary
A will made before a notary does not differ in its content from any other will, only in the way it is made. What gives it its standing is the procedure: reading aloud, declaration, certification. Once that is done properly, the record of it is the asset.
For advice on a notarial will, contact us by phone at 02-5953322 or on WhatsApp at 050-441-1343.
What people ask most often
What is the difference between a notarial will and one drawn up by a lawyer?
Must the notary read the will aloud?
Are two witnesses needed?
Can a notarial will be changed or revoked?
Is a notarial will immune from challenge?
What if the testator does not know the language of the will?
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Need a notarial will?
Tell us who is making the will, who the heirs are and what the estate holds. That is enough for us to say which form of will fits and what the procedure involves.