Many people do not understand why it is important to write a will, and often do not make a last will and testament until it is too late.
This short article provides five reasons to write a will. These are, of course, not the only reasons to draft a testament. If you are in one of the situations described in the following sections, or if you want to draft a will for a different reason, we recommend that you make a will as soon as possible.
- You want to ensure that the estate is handed over to the heirs exactly as you wish, easily and without complications. The laws of inheritance in Israel determine the order of succession of heirs. If you do not have a will, the registrar of inheritance and the court will divide the estate in accordance with the provisions of the law and legal precedents. If you want the division to be different, such as leaving some of your property to family members who are not legal heirs or donating to various institutions and organizations, it is important to state this in the will.
- You want to leave part of the estate to a loved one who is no longer a legal heir – a divorced or separated spouse, a single parent or a former spouse who has remarried and has children of his or her own. The Israeli Succession Law does not apply to divorced or separated spouses, or to single parents. If it is important to you to leave these family members a part of your property, it is necessary for this to be explicitly written in the will. If both the testator and his former spouse are married to other people and have children of their own, it is important to write clearly exactly who receives which part of the estate, in order to prevent future complications.
- You have a spouse to whom you are not married according to Israeli law. Israeli law recognizes the rights of spouses in informal marriages, but the burden of proof is heavier for them than for spouses who were formally married. As mentioned above, the succession laws in Israel automatically grant part of the estate to the spouse of the deceased. However, in order to avoid any claims and in order for the burden of proof not to rest on the informal spouse of the deceased, it is advisable to specify in the will the spouse’s share.
- You want to make sure that your property will reach a certain person or that the property will be used for a certain purpose. According to the Succession Law, in the absence of a will, the estate is divided equally and the use of the property is at the discretion of the heirs. If you want to make sure that all or part of the estate will be used for certain purposes, this must be defined in the will.
- You do not have children or a spouse. According to the Succession Law, the most direct heirs are the family members of the testator. If a person dies without a will and without first-degree relatives who are still alive, the estate passes to the State. Even if the only relative is the spouse of the testator, and the two have no children, it is advisable to verify the division of the estate in the will.
If one of the above five reasons to write a will applies to you, we strongly recommend that you make a will. Another piece of advice – it is very important to make sure that the will is prepared properly and without mistakes. Otherwise, it may be possible to appeal against it or even revoke it.
Drafting and signing a will may not be enjoyable, but it is worth the trouble in order to prevent future family arguments and disputes over the estate that may arise if there are no instructions from the testator.
Contact our law firm in Jerusalem and Tel Aviv to get a lawyer’s assistance with questions of signing a will.