Handwritten Will — Complete Guide

The Israeli Inheritance Law 5725-1965 recognises four valid types of wills in Israel:

• Handwritten will (Section 19) — written entirely in the testator's own handwriting, dated and signed
• Witnessed will (Section 20) — signed before two witnesses who are not heirs
• Will before authority (Section 22) — submitted before a judge, Inheritance Registrar, or notary
• Oral will (Section 23) — permitted only in special circumstances (deathbed)

A handwritten will is the simplest, most accessible, and cheapest of these — it can be made without a notary, without witnesses, at no cost, at any time and in any place. No additional person is required. The testator takes a sheet of paper and a pen, writes, dates, and signs.

But precisely because of its accessibility, it is also the will type most frequently invalidated in Israeli courts. Small formal mistakes, which seem technical and not substantive to many people, cause courts to invalidate the will as if it had never been written.

Section 19 of the Inheritance Law sets out three cumulative conditions for a handwritten will. All of them must be met — failure to meet any one of them invalidates the entire will.

• Accessibility and near-zero cost — can be made at no cost, without meetings, without professionals. Anyone can write a handwritten will at any moment.
• Complete privacy — no witnesses and no authorities are involved in making it. No one knows its contents until it is submitted after death (unless deposited with the Inheritance Registrar).
• Flexibility — can be changed at any time — a testator may write a new will at any time, and a later will supersedes the earlier one. No cost of change, no need to contact anyone.
• Valid at any time and in any place — can be written in a hospital, abroad, at an advanced age. No need to coordinate with witnesses or visit a notary.
• Spontaneity — suitable for someone who wants to express a last wish in unexpected circumstances, without the ability to see an attorney.

• The most frequently invalidated type — in Israeli case law, handwritten wills are invalidated at the highest rate, due to technical defects the testator was unaware of.
• Handwriting disputes — it can be argued that the handwriting is not the testator's (forgery), requiring a graphological opinion and potentially a lengthy and expensive process.
• Risk of destruction or concealment — without witnesses and without anyone knowing of its existence, the will can be destroyed by someone unhappy with its contents, or simply lost.
• No evidence of capacity and free will — with a witnessed will, the witnesses can testify that the testator was lucid and acted freely. With a handwritten will, there is no such evidence, so it is easier to argue lack of capacity or undue influence.
• Self-drafted wording can be defective — a provision worded imprecisely may create disputes over interpretation. "All my money to my son" — does that include real estate? Joint accounts? Pension funds?

A valid handwritten will is one that meets the formal requirements — but a good will is also one that is clearly worded and covers all relevant matters. Recommended content:

• Testator's identity — full name, ID number, address. Ensure there is no doubt who is writing the will.
• Heirs' details — full name and ID number of each heir. "My children" alone may cause a dispute if there are children from different marriages.
• Specific asset description — not just "all my property", but details: the apartment at such-and-such address, bank account number so-and-so, vehicle make and registration. Designate specific assets to specific people.
• Future assets — clarify whether the will also covers assets acquired after the date of writing.
• Appointment of an Estate Administrator — a person who will implement the will after death. Without an appointment, the court appoints one.
• Instructions regarding minor children — if there are minor children, specify who will act as guardian, and how the assets will be managed until they reach adulthood.
• Special instructions — funeral preferences, organ donation, pets, cultural heritage, specific items.

A will that is not found after death cannot be admitted to probate. Proper storage of the will is an inseparable part of planning it.

Option 1 — At Home (Not Recommended)

Keeping the will at home — in a safe, in a cupboard, among papers — is the simplest option but also the riskiest. The will can be lost, burned, stolen, water-damaged, found by an heir with hostile intentions, or simply not found.

Option 2 — Deposit with the Inheritance Registrar (Recommended)

A handwritten will can be deposited with the Inheritance Registrar at a nominal cost. The will is held by a government body, is confidential during the testator's lifetime, and is disclosed and submitted after death. This is the safest and most institutional way to store a handwritten will.

Option 3 — Deposit with an Attorney

Depositing the will with an attorney ensures secure storage, and allows the attorney to act in accordance with the testator's instructions after death. An additional advantage: the attorney can verify that the will meets the formal requirements before it is deposited — and flag any problems in time.