Who Can Make a Will in Israel: Wills and Inheritance Guide

Making a will is one of the most significant legal actions a person takes in their life. Its purpose is to give you full control over the distribution of your assets and rights after your death. However, for the document to acquire binding legal effect, it must meet strict threshold conditions set by the legislator. In this article we explain who is permitted to write a will and what are the requirements for ensuring its validity in 2026.

The Threshold Conditions: Who Has the Capacity to Make a Will?

Under the Inheritance Law of 1965, the legal rule is simple and clear: any person over the age of 18 who has not been declared legally incompetent may make a will.

This means that the testator must meet two cumulative criteria:

1. Age: reaching the age of majority (18).
2. Legal capacity: the person has not been declared by the court as “legally incompetent” (a person unable to manage their own affairs due to mental illness or cognitive impairment) and is able to understand the nature of the legal act being performed.

Mental and Psychological Capacity: The Foundation of the Will’s Validity

The most substantive requirement of the law is that the testator understand the meaning of the will and its consequences at the time of signing. We place strong emphasis on the client’s clarity of mind:

• Understanding the scope of property: the testator must know which assets are in their ownership.
• Identifying the heirs: the testator must understand who the persons are to whom the property is being bequeathed.
• Free will: the will must be drafted without pressure, threat, or undue influence.

In cases where there is concern regarding the cognitive state due to advanced age or medical condition, we recommend attaching to the will a medical opinion confirming the testator’s capacity at the time of signing. This step protects the will from future attempts to invalidate it in court.

Formal Requirements: How Does a Written Page Become a Binding Document?

Israeli law recognizes several ways of drafting a will, the most common of which is a will before witnesses. For it to be valid, it must meet the following conditions:

• In writing: the will must be drafted in writing (printed or handwritten).
• Testator’s signature: the testator signs the document and declares before the witnesses: “this is my will.”
• Presence of two witnesses: the will is signed before at least two witnesses.

Warning: Who Cannot Serve as a Witness?

The law sets out a strict prohibition (Section 35): a person defined as a beneficiary of the will, or the spouse of a beneficiary, cannot serve as a witness. If a beneficiary signed as a witness or was involved in drafting the will, the provision benefiting them may be invalidated in court, even if the rest of the will remains valid.

Frequently Asked Questions – Drafting a Will and Capacity

What happens if the will was signed in the presence of a beneficiary?

As stated in Section 35 of the Inheritance Law, the provision benefiting that beneficiary may be invalidated. The participation of an heir in drafting the will or their presence at the signing constitutes a serious defect that may lead to the invalidation of their share of the estate, which is why we insist on complete sterility during the signing.

Can a will be written by hand without witnesses?

Yes. This is a “holographic will.” It must be written entirely in the testator’s handwriting, bear a date, and be signed in their handwriting. Although it is legally valid, it is considered more vulnerable to challenges based on claims of forgery or lack of clarity, which is why we always recommend a will before witnesses drafted at a law firm.

Why Choose the Inheritance Department of Vaknin Yariv Law Office?

Drafting a will without professional supervision may put at risk the validity of the document and the future of those dear to you. The Family Law and Real Estate department is led by Adv. Shlomit Asraf Schneider, who brings extensive experience in drafting complex and legally robust wills.

The firm was founded by Adv. Yariv Vaknin, who leads the legal strategy for protecting the testator’s wishes and the rights of the heirs. We accompany you with professionalism and discretion through our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.

Please note: the content on this site is for enrichment purposes only and constitutes general information. The information does not constitute legal advice and is not a substitute for binding advice.

Want to ensure that your will is lawful and valid?

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