Wills and Inheritance
In Israel, there is no legal obligation to have a will. The disposition of the estate of the deceased can be done pursuant to the Inheritance Law, 5725-1965. The Inheritance Law determines the succession order, spousal rights and the extent of the estate. Any person, for whom the provisions of the law meet their intentions for their estate, can very well decide to forego a will.
Thus, one who wishes to distribute their estate in a different manner (even if it is slightly different) from the provisions of the law, must draft a will. The law recognizes 4 ways to draft a will: (1) in handwriting; (2) before witnesses; (3) before an authority; (4) on a deathbed. Each kind of will has its own requirements in order to be legally binding. If a person's will is drafted by law and there are no deficiencies in its form, then the contents of the will depend on the testator and his desires. The testator is entitled to stipulate as to the bequests of the estate to any person or legal entity, and to determine under which terms the estate shall be distributed. The court shall not intervene in these determinations, except in the event of an immoral provision or a provision which may be disqualified. Also, the circumstances of the signing of the will may also serve as a basis to attempt to disqualify the will in court.
In principle, a person does not need legal advice in order to draft a will. Nonetheless, beyond the determination of the distribution of the estate, the testator's inherent desire is that the provisions of the will be executed, precisely as intended. Therefore, any opening to the interpretation of the will can serve as a basis to object to the will in court. An objection to a will means to delay the execution of the will, prolonged legal proceedings along with substantial legal costs. Thus the great importance of drafting a will carefully and skillfully, preferably by a professional who specializes in the field.