· Wills · Translated from the Hebrew original
Four types of will
- Handwritten will: written entirely in the testator's own hand, dated and signed. No witnesses are needed.
- Will with witnesses: the most common. A written document which the testator declares before two witnesses to be his will, and all sign.
- Will before an authority: stated or submitted before a judge, a Registrar of Inheritance or a member of a religious court.
- Oral will: a deathbed will, possible only for a person facing death, and it expires once the circumstances have passed.
What makes a will valid
The testator must understand the meaning of the act and act of free will, without pressure or undue influence. A person who benefits from the will, or his spouse, cannot serve as a witness or take part in making it. A breach of this rule voids the provision in his favour.
How to reduce the risk of a challenge
- Attach a medical opinion on capacity when the testator is elderly or ill.
- Make the will with a lawyer and not from an internet template.
- Avoid a situation in which the beneficiary arranges the meeting, drives the testator and accompanies him into the room.
- Draft clearly: vague wording is the common cause of disputes between heirs.
Amendment and revocation
A will can be amended or revoked at any time: by a new will, by destroying the document or by written notice under the rules. The later will prevails, so it is important to know where the copies are and which of them still exist.
What happens without a will
The estate is divided under the Succession Law: the spouse and the children come first, in their absence the parents, and after them other relatives. Common-law partners are entitled in some cases, but the burden of proving their status is on them, and this is one of the main reasons to make a will in advance.
How a will is carried out
After the death, an application for a probate order is submitted to the Registrar of Inheritance. If an objection is filed, the case is transferred to the Family Court. A smooth process takes months; a dispute among heirs may take years, so it is worth investing in precise drafting from the start.
Deposit and locating
A will can be deposited with the Registrar of Inheritance. Deposit is not mandatory, but it ensures that the document will be found and reduces claims of forgery or disappearance. In parallel, it is advisable to tell at least one person where the original is kept.
Mutual wills of spouses
Spouses may make a mutual will, in which each relies on the provisions of the other. Its revocation has special rules: while both spouses are alive, written notice to the other party is required, and after one of them dies the ability to change it is limited. It is a convenient arrangement, but its limitations should be understood in advance.
Assets that do not pass by will
Not all property is part of the estate: life insurance proceeds and provident funds pass to the registered beneficiaries, even when the will provides otherwise. The beneficiary designations should therefore be checked in parallel with making the will, otherwise a gap arises between the intention and the result.
Who cannot be a witness
Besides the beneficiary and his spouse, a minor, a person declared legally incompetent, or a person who does not understand the nature of the occasion should not be asked to witness. A defect in the identity of the witness may lead to the whole will being voided, so neutral witnesses with no interest in the estate are chosen.
This article is general information and is not a substitute for legal advice.