Four mistakes that turn a will into a dispute

A will is one of the few documents read when its author can no longer explain what they meant. So every word counts. These four mistakes come up again and again, and they are easy to avoid.

1. A handwritten will that is missing something

A handwritten will is valid in Israel, but only if it is written entirely in the testator's own hand, dated and signed by them. A typed passage, a missing date or a signature in the wrong place is enough to invite an objection. A will made before witnesses, under the rules of the Succession Law, is far less exposed to dispute.

2. A witness who is also an heir

A will made before witnesses has two of them, who confirm the testator signed in their presence and declared it to be their will. If a witness, or the witness's spouse, receives something under the will, the provision in their favour may be void. The rule is simple: the witnesses should be people with no share in the estate.

3. A will that was never updated

Marriage, divorce, a child born, a home sold. Any of these can turn a clear clause into one that no longer fits reality. A will leaving “the flat on Herzl Street”, when the flat was sold years ago, leaves the heirs with a question no one can answer. Reread your will after every major change in life.

4. A mutual will with no plan for the day after

Partners who make a mutual will usually leave everything to each other, and decide what happens after both have died. Israeli law sets special rules for revoking or changing such a will after one partner has died. If you did not think about that question in advance, it may come up exactly when there is no one left to ask.

One more thing

A will no one can find might as well not exist. You can deposit it with the Registrar of Inheritance, so it will be found when it is needed.

A good will does not have to be long. It has to be clear, up to date and properly signed. If you have an old will, I would be glad to read it with you.

This letter is general information, not legal advice. Every case is different, and the law changes from time to time. Before acting, it is worth taking advice on your own circumstances.