Lawyers
Why a Will Is One of the Most Important Documents You Will Ever Create
In a will, you determine who will inherit your property after your death and what share each heir will receive. The Inheritance Law recognizes several types of wills, which we review in this article, along with the key advantages of preparing one.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What Is a Will?
Drafting a will is relevant to every individual. Through a will, you can determine who will inherit your property and what share each person will receive. While it was once customary to prepare a will only in old age, the prevailing understanding today is that a will should be prepared at a younger age, since no one can predict the future.
What happens when a person dies without a will? In that case, the default provisions of the Inheritance Law apply, dictating the order of heirs and their respective shares. These statutory defaults do not always reflect the deceased’s wishes, and in many cases they give rise to disputes. By contrast, a will allows you to choose your heirs, determine each person’s share, structure the distribution to prevent conflicts, and include provisions to protect assets when heirs are minors. Given the importance of a will, it is essential to have it prepared by an attorney who specializes in wills and inheritance law.
Types of Wills Under Israeli Law
Israeli law recognizes four types of wills, each subject to specific formal requirements for legal validity. The most common is a will before witnesses, which is executed in the presence of two witnesses who also sign the document. The second type is a will before an authority, in which the testator dictates the will orally to an authorized official (such as a notary), who then prepares a written document. The third type is a handwritten will, written and signed entirely in the testator’s own handwriting. The fourth type is an oral will (also known as a deathbed will), made verbally before two witnesses when the testator is near death, after which the witnesses prepare a written record. In addition, spouses may execute a mutual will, in which they bequeath their property to each other.
The Advantages of Making a Will
Understanding what a will is and the types recognized by law, it is important to appreciate the key advantages of preparing one:
Choosing your heirs: A will is the only way to ensure that your wishes regarding the distribution of your property are fulfilled. Without a will, the identity of the heirs and their respective shares are determined solely by the Inheritance Law.
Protecting loved ones: Through a will, you can provide for the people who matter most to you by leaving them the assets you have accumulated during your lifetime, helping to reduce their financial concerns.
Preventing inheritance disputes: A clear and precise will significantly reduces the likelihood of conflicts among heirs, preventing family crises over financial matters and enabling the efficient distribution of the estate.
Addressing special circumstances: A will provides legal solutions for situations such as common-law partnerships (where a surviving partner would otherwise need to prove their status in court), ownership of assets abroad, and other complex arrangements.
The Importance of an Attorney in Drafting a Will
While the law does not strictly require a will to be prepared by an attorney, many people who draft wills on their own make critical errors that can lead to the will being invalidated by a court. If a will is invalidated, the testator’s wishes regarding the distribution of their property will not be carried out.
For this reason, it is essential to have your will prepared by an experienced attorney specializing in inheritance law. At our firm, we ensure that the will fully reflects your wishes regarding the heirs and their shares. We draft the document in clear and precise language, in full compliance with all legal requirements for the chosen type of will. Depending on the circumstances, we photograph and video-record the signing ceremony. These measures significantly reduce the risk of future inheritance disputes and ensure that your wishes are carried out exactly as intended. When the time comes, we also handle obtaining the probate order necessary to distribute the estate to the heirs.
The family law department at Mor & Co. Law Firm has over 15 years of experience in this area. We handle wills, estates, and family matters on a daily basis, including representation and litigation in court. With extensive experience in drafting wills, contesting wills, managing estates, and family wealth planning, we are committed to providing our clients with the highest level of legal expertise while carefully managing every aspect of the process and protecting their interests.
For legal advice on drafting a will, contact us at 02-595-3322 or by WhatsApp at 050-441-1343.
