A will made before an authorized official – a judge, notary or member of a religious court – provides strong legal validity and reduces the risk of challenges based on formal defects or lack of capacity.
What is a Will Before Authority?
Israeli law allows wills to be made before an authorized official. The testator states their wishes to the official, who writes them down or records them. The testator then declares that this represents their will. The official signs the will.
The presence of an authoritative official provides strong evidence of the testator’s capacity and identity at the time of making the will.
Advantages of This Type of Will
Wills made before authority have several advantages. They are harder to challenge on grounds of forgery or incapacity. The official can attest to the testator’s state of mind. The formal process encourages careful consideration of the will’s provisions. And there is typically a record maintained by the official or their institution.
The Notary’s Role
Notaries in Israel are attorneys who have been granted additional authority to authenticate documents and perform certain legal acts. A notarized will benefits from all the protections of a will before authority plus the notary’s legal expertise in drafting.
Court and Religious Authority Wills
A will made before a judge has the additional benefit of being part of the court record. A will made before a religious court (rabbinical, sharia or other) may be particularly appropriate for testators whose estate will be administered within that religious framework.
When to Choose This Format
A will before authority is particularly recommended when: the testator has had health issues that might raise capacity questions, there is family tension that suggests challenges are likely, the estate is complex and the risk of disputes is high, or the testator simply wants the strongest possible protection for their wishes.
