How much does it cost to have a lawyer prepare a last will?
How to write a last will in accordance with the law and without making mistakes? How to prepare a last will in accordance with the Israeli law?
When writing a will, it is very important to prepare it correctly, in order to avoid mistakes that might affect its validity.
In this article by our law firm, which specializes in family law, including last wills and succession, we explain how to write a last will in Israel, and touch on the question of the cost of preparing a last will with a lawyer. You can find additional important information in the following article: Types of Wills in Israel Inheritance Law, as well as the Succession Law (1965).
When writing a last will, it’s important to pay attention to a number of things:
If the testator wishes to write a last will in their handwriting, you should know that the content of the last will must be handwritten by the testator, without any additions in another person’s handwriting.
The first part of any written last will must include the words “Last Will” in the headline, as well as the date in which the will was written.
The testator’s details must be included: name, address, and identity card number.
The heirs’ details must be noted: name, address, and any other information which might assist in identifying the heirs.
The last will must include a clear explanation of the manner of dividing the property, while avoiding any “negative” language or insults. It should clearly describe which assets should be given to which of the heirs, and how those will be distributed.
Any relevant information, including medical approvals, to indicate that the testator is sound of mind and body, and comprehends the will’s intention.
Every will must include the testator’s signature, in their handwriting (except for a deathbed will, which is made orally).
Potential mistakes while writing a last will
There are a number of common mistakes which you should avoid while writing a last will. Any mistake made in the last will may lead an objection to a probate to be accepted, and as a result, it might be decided that the will, or parts of it, have no legal validity.
Below is a list of common mistakes noted by the Ministry of Justice:
A last will may not be written in the presence of the heirs. The heirs are not even permitted to partake in the last will’s preparation.
A last will might be amended in the future – even if the decedent had written in a previous will that it was the last will, which shall not be amended. The last will written by the decedent while being of sound mind, allowing them to comprehend the contents of the will, is the one that will determine the order of inheritance.
In case the testator is elderly, old, or unwell, a professional medical opinion must be attached to the last will – the purpose of attaching this medical opinion is to provide official confirmation that the testator is of sound mind enough to write a last will. This action will prevent potential issues in the future, if any doubts are raised regarding the bequeather’s capacity to write a last will.
The testator may not include unreasonable preconditions in the last will. Thus for example, the testator may not demand the heir to only receive their share of the inheritance if they permanently move to a certain location.
For additional information concerning unreasonable terms, and in order to properly prepare for creating a valid last will, it is recommended to consult an inheritance lawyer.
If the heir in a minor, it is recommended that the testator includes in the last will the name of the adult responsible for the inheritance – until the heir reaches the age of majority.
Minors are not permitted to write a last will. Last wills are only valid if the testator is over the age of 18. In concurrence, for example, a 17.5 year old youth should not be permitted to write a last will. Such will would be nullified.
Legally incompetent persons may not write a last will. Similar to minors, the will of a legally incompetent person – a person whom “as a result of a mental illness or defect is incapable of conducting their own affairs” – would be nullified.
The bequeather is not required to explain or provide details in the last will regarding the reasons why a certain family relative would receive no part of the inheritance. Moreover, if such reasons are included in the last will, the relative would have a good chance of success in claims about the last will’s validity, based on the fact that the reasons included in it are untruthful.
How much does it cost to have a lawyer prepare a last will?? What is the price of preparing a last will?
According to the Israel Bar Association Rules (Recommended Minimum Tariff), 5760-2000, the cost of having a lawyer prepare a last will is as follows: * Ordinary last will – ILS 1844. * Two mutual last wills – ILS 2695. * Depositing a last will prepared by another person – ILS 912.
It should be noted that this is the minimum recommended rate; however, this price is not binding for the preparation of a last will, and it might vary according to circumstances.
The price of having a lawyer prepare a last will varies between different law firms, in accordance with the lawyers’ experience, their knowledge on this subject, the frequency of their work on last wills and inheritance, etc.
In light of the importance of preparing a last will in accordance with the law, and in order to minimize the potential to appeal its validity, it is recommended to prepare a last will with a lawyer specializing in last wills and inheritance. A lawyer who specializes in the area of family and succession law, and who has extensive experience in the preparation of last wills, can help you write a last will which would be clear and comprehensive, and could be executed when the time comes.
In addition, in certain places, the cost of preparing a last will might be oddly low. We recommend not to be ‘blindsided’ by the low price, since it may be offered by those who are not well familiar with the law and ruling precedent, so that preparing a last will with their help might eventually cause damage.
For legal assistance in writing a last will without making mistakes, and for more legal information regarding inheritance law, contact our Law Firm in Jerusalem and Tel Aviv.
