Oral will \ Deathbed will in Israel

Most types of wills and testaments in Israel are somewhat formalized, official and exact affairs, requiring correct phrasing, verification and attention to detail. The notable exception is an oral will made when a person is about to die, also known as a deathbed will. As long as the testator (person making the will) clearly expressed their intent before two qualified witnesses, a dying testament, no matter how informal, may be considered a valid Israeli will.

That said, there are certain qualifiers and restrictions on oral wills that may allow unsatisfied heirs and those who received no part of the estate to appeal at the family court. In this article, an Israel inheritance attorney will explain how a deathbed will works in Israel and how it may “fail to work” under certain circumstances.

What is a deathbed will?

A will verbally expressed before at least two witnesses when the testator is about to die or justifiably assumes that they are about to die (is extremely ill, feels a heart attack coming, in combat or in other dangerous circumstances). The belief that the testator is about to die must be both subjective and objective – the testator must believe they are about to die, and the objective circumstances at the time must support said belief.

That said, a deathbed will is only valid for one month, and will be rendered null and void if the testator lives longer. So esoteric circumstances (for instance, the testator underwent a surgery and got better only to get into an auto accident on the way home) aside, most testators are objectively facing death or a real possibility of dying when dictating their will.

As an oral will is intended to make it easier for a dying person to express their will impromptu during their last moments, neither formally stating that they know they are about to die, nor declaring their words to be their last will and testament are required. In other words “I leave everything to X” or “split my belongings evenly” are perfectly valid formats for an oral will.

Oral will \ Deathbed will in Israel

How is the oral will recorded?

The witnesses must write down what was said as accurately as possible and deposit said memorandum, including the testators exact words, the date, and specific circumstances in which said words were told, as a “will” for this purpose, with the Registrar of Inheritances. Section 23a of the Inheritance Law specifies that the witnesses must understand the language of the testator, and if there is any doubt due to lack of intelligibility on the part of the dying person, the witnesses not actually being fluent in the language in which the testament is dictated etc, the will may be considered invalid.

In one of the scant few examples of Israeli legal practice following technological developments, it is generally advised to record the oral will, both to verify that the words were said, and to follow the testator’s instructions as accurately as possible, without having to rely on the memory of the witnesses.

Who may be the witnesses to the will?

Any two legally competent adults who speak the testator’s language. This may include, for example, hospital workers or passersby on the street where the testator had collapsed.

In Israel, unlike many other Western countries, the heirs can act as witnesses to the will.  They cannot, however, be party to the drafting of the will, which should theoretically be done by the testator of their own free will, without input or pressure from the inheritors.

In practice, most families will discuss and acknowledge the state of the inheritance. That said, proving or suggesting that the oral will was made under duress, with strong emotions, ill health, and the threat of upcoming demise making the testator less mentally competent to dispose of their estate, can cast doubt on the validity of the will.

A new will usually overrides any prior will, but proving that an oral will which changes how the estate is divided is valid is more complicated. We had in fact recently helped our clients override an oral will that was made when the testators was not legally and mentally competent.

Contact an Israeli will and testament attorney:

An oral will is a last resort, made under the assumption that the testator is likely to depart this world before being able to draft and sign a more formal will. It is more vulnerable to appeals and to being reinterpreted by the court. In order to make sure your estate is disposed of exactly according to your wishes, we recommend drafting a will in writing long before your time comes. Contact our law offices in Jerusalem and Tel Aviv for assistance with the preparation of your will.

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