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The US-Israel Legal Review 2019 31
law provides a mechanism that determines the
order of inheritance, and the portion of each heir.
Accordingly, the first right of inheritance is divided
equally between the spouse of the deceased and his
children. The spouse receives one-half of the estate
and the children divide the remaining half between
them in equal shares.
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Inheritance under a will
Alternatively, the estate can be distributed a set out
in the testator’s will. Under the Succession law, a will
can be made in one of four ways, as set forth below:
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a)
A handwritten will
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– such will shall be written
entirely in the testator’s own hand and shall be
dated and signed by the testator.
b)
A will made in the presence of witnesses
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– such
will is written and dated, and signed by the
testator before two witnesses after the testator
has declared before the witnesses that it is the
testator’s will. The witnesses must attest by
their signature upon the will that the testator
declared and signed the will as stated.
c)
AWillmadebeforeanauthority
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–suchwillmust
be made by the testator stating its provisions
orally before a Judge, a Court Registrar, the
Registrar of Inheritance, or a Member of the
Religious Court, or by a deposit of a written will
by the testator with any of these authorities. It is
further provided that for this purpose, a notary
is equivalent to a judge.
d)
Anoralwill
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–peoplewho are on their deathbeds,
or who in all circumstances reasonably regard
themselves as facing death, may declare a will
orally before two witnesses. The testator’s
directions and the circumstances of the making
of the will must be recorded in a memorandum
signed by the two witnesses and deposited with
the Registrar of Inheritance. An oral will becomes
invalid one month within one month, provided
the circumstances which warranted its making
has changed, and the testator is still alive.
Despite the formal requirements mentioned
above, the court is authorized to validate a will
even if it is defective or missing certain formal
requirements, provided the court is convinced that
it reflects the true and free will of the testator.
Freedom of testation
The principle of Freedom of Testation is one of the
cornerstones of the Israeli inheritance law. Section
27, whose title is “Liberty to bequeath”, provides
that an undertaking to make a will, to change it, or
to cancel it, or not to make any thereof – is invalid.
It further provides, that a provision of a will that
negates or limits the right of the testator to change
the will or cancel it – is invalid.
The principle of Freedom of Testation is also
evident in Section 8 of the Succession Law, which
provides that “an agreement in respect of the
succession of a deceased and a renouncement
regarding such succession, executed prior to the
demise of the deceased, are void.” The section
further provides that that “a gift granted by a donor
during the donor’s lifetime, when such gift is to be
effectively provided to the donee subsequent to the
DR. ALON KAPLAN
TEP, ADVOCATE & NOTARY
MEYTAL LIBERMAN
TEP, ADVOCATE
People who are on their
deathbeds, or who reasonably
regard themselves as facing
death, may declare a will orally
before two witnesses.