Let’s be honest—thinking about wills isn’t exactly dinner party conversation. Most of us would rather schedule a root canal than sit down and plan what happens after we’re gone. But here’s the thing I’ve learned after years of practicing family law in Israel: the people who avoid this conversation are often the ones whose families end up in my office, frustrated, grieving, and fighting over assets that could have been distributed smoothly.

So today, we’re going to talk about wills. Not the dramatic soap opera version where someone dramatically reads “and to my ungrateful nephew, I leave one shekel” in a mahogany-paneled office. The real version. The Israeli law version. The “let’s make sure your family doesn’t end up in court” version.

I promise to make this as painless as possible. Think of this as your guide to making sure your wishes actually happen, without your loved ones needing to hire someone like me to sort through the mess.

First Things First: Can You Even Make a Will?

Before we dive into the how, let’s cover the who. Israeli succession law is pretty straightforward about this:

You need to be 18 years or older. Pretty standard stuff.

But here’s an exception you might not know about: If you’re 16 or 17, you can make a valid will if you’re serving in the military or you’re married. Given Israel’s mandatory service, this actually comes up more than you’d think. I’ve had worried parents ask me about this when their kids are deployed, and yes—it’s legal and it’s valid.

You also need legal capacity. This means you need to understand what you’re doing when you sign that will. You need to know:

• What property and assets you own
• Who your family members and beneficiaries are
• What actually happens when you make a will
• That you’re making this decision freely, without pressure

Here’s where things get real: if you’re making a will while dealing with serious illness, on heavy medication, or in a hospital, document your mental clarity. Have your doctor note that you’re lucid and understand what you’re doing. I’ve seen too many wills challenged by disappointed relatives claiming “Dad wasn’t in his right mind.” Don’t give them ammunition.

The Four Ways to Make a Valid Will in Israel (Choose Your Own Adventure)

Israeli law gives you options. Each has its pros and cons, and each has specific requirements you absolutely cannot skip.

Option 1: The DIY Handwritten Will (צוואה עצמית)

This is the one everyone thinks is easiest. Just write it down yourself, right? Well, yes—but with very specific rules.

What you need:

• Your handwriting for everything—every single word, the date, your signature
• The date you’re writing it (day, month, year) in your own hand
• Your signature

What will invalidate it:

• Typing any part of it
• Having someone else write even one sentence
• Forgetting to date it (this one kills more homemade wills than anything else)
• Adding handwritten notes to a typed document

I once had a case where someone printed a will template from the internet, filled in the blanks by hand, and signed it. Invalid. The court threw it out. If you go this route, commit fully—grab a pen and paper and write the whole thing yourself.

The upside? No lawyers, no witnesses, no fuss. You can do it tonight if you want.

The downside? Any technical mistake can void it. And after you’re gone, no one can ask you what you meant by that crossed-out word on page two.

Option 2: The Traditional Will with Witnesses (צוואה בעדים)

This is what you see in movies—the formal document signed with witnesses present. It’s more flexible than the handwritten version.

What you need:

• A will (typed or handwritten, by you or drafted by a lawyer)
• Your signature
• Two qualified witnesses (we’ll get to what “qualified” means—it matters)
• Everyone signs on the same day
• Witnesses sign in your presence AND in each other’s presence

Here’s what surprises people: you don’t have to show your witnesses what’s in the will. They just need to know it exists and that it’s yours. You can literally say “This is my will, I’m signing it” and have them witness your signature without reading a word.

The upside? More professional-looking, easier to draft complex provisions, and the witness requirement can actually help prove validity later.

The downside? You need to get those witnesses right (more on this in a minute—it’s where people mess up).

Option 3: The Official Will Before an Authority (צוואה בפני רשות)

This means making your will in front of a judge, succession registrar, or Israeli notary.

What you need:

• An appointment with one of these authorities
• Your will (can be oral or written)
• That’s it—no witness signatures required

The authority documents that you made the will, and their involvement adds a layer of legal protection.

The upside? If you’re worried someone might challenge your mental capacity later, having an official authority present when you made the will is powerful evidence that you knew what you were doing.

The downside? Requires scheduling and potentially fees. Less spontaneous than other options.

Option 4: The Emergency Oral Will (צוואה בעל-פה)

Let me be blunt: this is a last resort, not a plan.

When it’s valid:

• Only in genuine emergencies when you believe death is imminent
• Combat situations, severe accidents, critical medical emergencies
• Before two witnesses who can document what you said

The catch that catches everyone: If you survive the emergency, this will automatically expires after one month. It’s a legal safety valve for extreme circumstances, not a substitute for proper planning.

I mention this not because I think you’ll use it, but because I’ve had clients ask “Can’t I just tell my kids what I want?” No. Not unless you’re literally on your deathbed. And even then, it’s messy.

The Witness Problem: This Is Where Good Intentions Go Wrong

Let me tell you about a case that still bothers me. A father made a will leaving everything to his three children equally. Lovely. Fair. Clear. He asked his daughter and son-in-law to witness it because they were visiting that day. Convenient, right?

Wrong.

When he died, the daughter’s entire inheritance was invalidated because she witnessed the will. She had to watch her siblings inherit while her share went into intestate distribution. The father had no idea this would happen. He was just trying to be efficient.

So let’s make sure you understand the witness rules, because this is critical.

✅ A Valid Witness Must Be:

18 years or older. Minors can’t witness wills. Period.

Legally competent. This means not under guardianship or legal incapacity.

Not a beneficiary under the will. If they inherit even one shekel, they can’t witness it.

Not married to a beneficiary. Even if your son doesn’t benefit directly, if his wife does, he can’t be a witness.

❌ Never Use These People as Witnesses:

• Your children
• Your spouse
• Anyone named in the will
• The spouse of anyone named in the will
• Anyone under 18
• Anyone under legal guardianship

What Actually Happens If You Mess This Up?

Here’s the part that shocks people: if someone who benefits from your will signs as a witness, the gift to them (or their spouse) becomes void, but the rest of the will usually stays valid.

So in that case I mentioned, the daughter lost her inheritance, but the will itself wasn’t thrown out. Her brothers still inherited their shares. She got nothing—not because her father wanted it that way, but because of a technical mistake no one caught in time.

The fix is simple: Use neutral parties as witnesses. Neighbors, colleagues, friends who aren’t mentioned in the will. It’s not that hard, and it can save your family from devastating consequences.

My Practical Advice After Years of Seeing This Go Wrong

Don’t mix and match formats. I’ve seen people start a handwritten will, then type a paragraph, then add a handwritten note. Pick one format and stick with it.

Date everything, even if it’s not strictly required. If you make multiple wills over the years (and many people do as circumstances change), the date establishes which one controls.

Tell someone where it is. I cannot tell you how many times I’ve met with families who are convinced Dad had a will but can’t find it. A will no one can find is about as useful as no will at all. Tell your executor. Register it with the Israeli Bar Association’s will registry. Put it somewhere safe but accessible.

Review it when life changes. Marriage, divorce, new children, deaths in the family, major asset changes—these are all triggers to revisit your will. The will you made at 30 probably doesn’t reflect your wishes at 60.

If your situation is complicated, get help. International assets, blended families, business interests, real estate across multiple countries—these aren’t DIY situations. The cost of a lawyer reviewing or drafting your will is a fraction of what your family will spend sorting out a mess after you’re gone.

The Conversation You’re Avoiding

Here’s what I tell clients who keep putting this off: making a will isn’t about you. You’ll be gone. You won’t care.

Making a will is about the people you love. It’s about making sure your spouse doesn’t have to fight with your siblings. It’s about making sure your kids get what you want them to have, not what the default laws of intestacy dictate. It’s about preventing the people you care about most from sitting in a law office, exhausted and grieving, arguing about what you “would have wanted.”

I practice family law. I see what happens when families fight over estates. It’s ugly. It’s expensive. And it’s almost always avoidable.

So What Now?

If you don’t have a will, make one. This week. Not “someday.” Not “when I’m older.” Now.

If you have a will but haven’t looked at it in years, pull it out. Read it. Does it still reflect your wishes? Is it still valid under current law? Are your witnesses still alive and competent?

If your situation involves significant assets, international elements, or complicated family dynamics, schedule a consultation with a family law attorney who practices in this area. The investment is worth the peace of mind.

And if you’re sitting there thinking “I’ll do it later,” ask yourself this: if something happened to you tomorrow, would your family know what you wanted? Would they be able to carry out your wishes without conflict?

That’s really what this is about. Not death. Not morbidity. Just taking care of the people you love in the most practical way possible.

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Need help making sure your will is valid and enforceable? As a family law attorney practicing in Israel, I work with clients on wills, estate planning, and succession matters. [Schedule a consultation] to make sure your wishes are protected and your family is taken care of.