Lawyers
A will is one of the most important documents that a person makes in his or her lifetime. Why is it so important?
In the will document we determine who will inherit us after our death and what part he will receive from the property we have accumulated during our life. The Inheritance Law allows several types of wills, which we will review in the article before you, as well as show the advantages of making a will.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
First, let's explain what a will is
Drafting a will is relevant to each and every one of us, through which we can determine who will be the heirs of our property and what will be their share of the property. In the past, it was customary to make a will only in old age, but today the insight has been established that it is important to make a will already at a young age, since none of us knows what will happen one day.
What happens when a person dies without making a will? In this situation, The arrangement in the Law of Inheritance, which determines the order of the heirs and their share in the estate, will apply. Naturally, the default that exists in the law does not always provide what we would like, and in many cases – the arrangement in the law creates many conflicts, on the other hand, making a will according to subjective wishes allows us to choose who our heirs will be, what will be each person’s share in the estate, how the estate will be devided while preventing disputes and arrangements that improve the preservation of capital in the event that the heirs are minors, etc. Due to the great importance of the will, it is important to draw it up with a lawyer who specializes in wills and inheritances, we will discuss the importance of this later.
Types of wills
Israeli law recognizes four types of willswhere each of these has rules that must be met in order for the will to have legal validity. The most common will is a will before witnesses, which is made, as the name implies, in front of two witnesses who also sign the will. The second type is a will before an authority, which is said orally by the testator to someone who is defined as an authority according to the law of inheritance, for example, a notary and this prepares a written document. The third type is a handwritten will, which is written and signed by the testator’s handwriting, and the fourth type is an oral will, also called a recumbent will, in which a person wills orally, in front of two witnesses, near his death, his will and then,the witnesses draft a written document. Besides these, there is also a mutual will, which is drawn up by spouses who bequeath their property to each other.
The advantages of making a will:
So having understood what the will is and what the different types of wills are that exist in the law, it is important that we understand the advantages of making a will. Four main advantages can be pointed out:
- Choosing the heirs: The will allows the testator to choose who will be the heirs of his property and in fact, this is the only way to ensure that his wishes regarding this matter will be fulfilled. Without a will, the identity of the heirs and their share in the estate will be as stated, according to the inheritance law.
- Concern for the future of loved ones: We all want to help our loved ones as much as possible and reduce their financial worries. Through the will we can do this, we leave them the property we have accumulated during our lives.
- Prevention of inheritance disputes: drafting a clear and precise will greatly reduce the chance of disputes arising regarding inheritance. This is how you can prevent a family crisis over financial issues and enable the maximization of resources.
- Special situations: The will gives us a legal answer to special situations, for example, for common-law spouses, which without making a will, the surviving spouse will be forced to prove his status, when we own assets abroad and more.
The importance of the lawyer in drafting a will
In terms of the law, as it is written, there is no obligation to draw up a will with a lawyer and indeed, quite a few people draw up a will independently. Where is the problem? Without knowledge and legal proficiency, many mistakes are made in the will and it may therefore be invalidated by the court. The meaning of this action is that the will of the testator regarding the division of his property will not be realized.
Therefore, when you want to draw up a will, it is important that it be drawn up by an expert lawyer in the field.
We invite you to a consultation meeting for the preparation of the will, first, we will make sure that the will that will be prepared will fully reflect your wishes regarding the heirs and some of them in the inheritance. Secondly, we will make sure that the will is drafted in a clear and concise manner and that it is built according to all the rules of the law, depending on the type of will and the status of the signature, we will photograph and record it on video. With all these actions, the chances of inheritance disputes are significantly reduced. Additionally, the aforementioned actions serve to ensure that your wishes are realized exactly as you wish. Lastly, when the time comes, we will handle the receipt of the inheritance maintenance order for the purpose of dividing the estate for the heirs .
Mor & Co.’s family law department has extensive experience in this area of law. We handle family files, wills, and estates, and represent and litigate in court on a daily basis,
With years of experience in legal treatment of wills, objections to the execution of wills, estates, and family capital planning, we guarantee to do our best and provide our clients with our rich experience while maintaining and being careful in all matters related to the legal process and looking after their interests.
For legal advice (with NO obligation) regarding drafting a will, please call 02-595-3322 or send us a WhatsApp message at 050-811-618
