Drafting Wills, Estate Distribution Agreements, and Submitting Applications for Inheritance or Probate Orders

Drafting Wills, Estate Distribution Agreements, and Submitting Applications for Inheritance or Probate Orders

Under Israel’s Inheritance Law, any adult (over 18) who is legally competent is entitled to draft a handwritten will without the need for a lawyer or witnesses. This type of will is known as a “handwritten will” (Section 19 of the Inheritance Law, 1965), and it requires that the will be entirely in the testator's handwriting, include a handwritten date, and bear the testator's signature.

However, drafting a will independently carries risks. An unclear wording may lead to conflicting interpretations after the testator’s death, potentially causing disputes among heirs. Even clear wording may fail to fully reflect the testator’s intent due to subtle nuances. Additionally, neglecting certain considerations can harm heirs or future heirs, potentially resulting in conflicts or even nullification of the will.

After a person’s passing, it is no longer possible to amend the will. Therefore, it is strongly recommended to have it prepared by an experienced attorney, who will ensure clear and precise wording, minimizing risks of disputes or nullification. A professional attorney brings extensive experience and can offer solutions you may not have considered, drafting the will in a way that fully honors your exact wishes.

The above also applies when heirs wish to settle the estate distribution among themselves amicably, often to reduce costs. However, even in such cases, there are significant risks. An imprecisely drafted estate distribution agreement can lead to misunderstandings, future disputes, tax planning errors, and even legal invalidation of the agreement. Thus, consulting an attorney to ensure that the agreement is lawful, efficient, fair, and clear is essential, helping to minimize future disputes.

In my office, you can receive comprehensive services, including:

  • Drafting personalized wills – whether individual wills or mutual wills (for couples).
  • Drafting clear, lawful, efficient, and fair estate distribution agreements among heirs.
  • Submitting applications for inheritance or probate orders.
  • Registering the aforementioned orders and agreements with the Israel Land Registry (“Tabu”), the Israel Land Authority (ILA), Amidar, and any other relevant rights registry.

Interested in drafting a will, reaching an estate distribution agreement with other heirs, or submitting an application for an inheritance or probate order? Don’t hesitate—contact me today or leave your details, and I will make sure to get back to you promptly. Together, we will explore all options and ensure you are on the right and secure path.