An oral will (tzavaat shechiv mera – literally ‘will of one who lies dying’) is a special form recognized by Israeli law for situations where a person is in imminent danger of death and cannot make a written will. Understanding this exceptional form of will clarifies both its limited availability and its proper use.
When an Oral Will is Valid
An oral will is valid only in very specific circumstances: the testator must believe themselves to be facing imminent death, they must declare their testamentary wishes orally in the presence of two witnesses, and the witnesses must write up what was said and sign the document within specified timeframes.
The Requirement of Imminent Death
The testator must genuinely believe they face imminent death at the time of making the oral will. This is a subjective test – the testator’s sincere belief is what matters – but courts examine the circumstances to determine whether this requirement is met.
The Witnesses’ Role and Obligations
Witnesses to an oral will have specific obligations. They must document what was said, sign the document, and file it with the court within specified timeframes. Failure to meet these procedural requirements can invalidate the will.
Automatic Expiry
An oral will automatically expires three months after it was made if the testator survives the danger that prompted its creation. If the danger passes and the testator recovers, they must make a formal will to preserve their testamentary wishes.
The Importance of Formal Planning
The existence of the oral will provisions underscores the importance of formal estate planning before crisis situations arise. A person who has a properly drafted will in place does not need to resort to an oral will even in emergency situations.
