Wills Attorney — Adv. Liron Yitzhak Elmaliach

Why Make a Will — and What Happens Without One

Without a will, the Israeli Inheritance Law determines how the estate is divided — regardless of the deceased's wishes. The statutory order gives priority to the spouse and children, but not always in the way the deceased would have wanted. Common situations where the law does not reflect the deceased's wishes: second marriages with children from a first marriage; a wish to leave a specific asset to one of the children; a wish to make a charitable donation; and more.

Even when the law "works in your favour", obtaining a Succession Order — the process that confirms who the heirs are — takes time and can be complicated. A professional will, by contrast, streamlines the process and reduces the possibility of disputes.

In addition, a will allows you to appoint a guardian for minor children — someone who will care for them if both you and your spouse pass away. Without such an appointment, the court decides — and not necessarily according to your wishes.

The 4 Types of Wills — Full Explanation

Handwritten will: Written entirely in the testator's own handwriting, including the date and signature. Easy to make but vulnerable to challenge — it can be argued that it is not in the testator's handwriting, that the testator lacked capacity, or that it was signed under duress.

Witnessed will: Signed in the presence of two witnesses who also sign. This is the most common type when drafted by an attorney. The witnesses cannot be beneficiaries under the will. Professional drafting protects against most grounds for invalidity.

Will before authority: Delivered before a judge, notary, or Inheritance Registrar. Offers a very high level of protection against challenge, but requires a physical visit to the authority. Recommended for large estates or special circumstances.

Oral (deathbed) will: Valid only when death is imminent, before two witnesses. Its validity expires after one month. Intended for extreme circumstances only.

Professional Will Drafting — Why Not to Do It Yourself

Wills written without an attorney frequently suffer from one or more of the following defects: vague wording that creates an interpretive dispute; a witness who is also a beneficiary (which invalidates the will); failure to cover future assets; failure to appoint an Estate Administrator; and failure to account for possible changes in circumstances (death of a beneficiary before the testator, divorce, births, and more).

An experienced wills attorney will draft the will in a way that covers many scenarios, includes protection against challenge, and complies with all formal requirements. They can also advise on tax considerations relating to the distribution of assets.

Inheritance disputes arising from poorly drafted wills are among the most painful legal disputes — they divide families and cost significant sums. An attorney who accompanies the drafting of your will is the small investment that saves the larger one.

Mutual Wills for Couples

A mutual will is a will made by two spouses, in which each leaves their estate to the other and ultimately to their joint children. It is common among married couples who want to ensure the assets pass first to the spouse and only then to the next generation.

Advantages: simplicity, certainty, and relatively low cost (two wills drafted in one meeting). Important limitation: after the first spouse dies, the surviving spouse is bound by the mutual will and cannot change it — even if they want to leave assets to a new partner, a grandchild born after the will was made, or to change the distribution of assets.

It is important to draft the mutual will with clear provisions covering: what happens if the spouses die simultaneously; what flexibility is given to the survivor; and what happens to assets acquired after the first death. An attorney will ensure all necessary clauses are included.

Will + Continuing Power of Attorney — The Complete Package

A Continuing Power of Attorney (CPoA) is a document that sets out who will manage your affairs — medical, personal, and financial — if one day you are unable to do so yourself (for example, due to a stroke, dementia, or an accident). Without a CPoA, your family will need to apply to court for the appointment of a guardian — a lengthy, expensive, and non-private process.

Adv. Liron Yitzhak Elmaliach is authorised by the Official Receiver to draft Continuing Powers of Attorney — a certification granted only to attorneys who have completed specialist training. A will and a CPoA can be made in one meeting at a combined cost.

Together, the two documents create a complete "future planning package": the CPoA protects you while you are alive, the will protects your loved ones after your death. This is something every adult should do — and not put off.