Israeli law has specific rules about wills that benefit the attorney, witness or other person who participated in preparing the will. Understanding these rules protects testators from exploitation and protects legitimate professionals from false accusations.
The Legal Prohibition
The Inheritance Law prohibits a will from benefiting someone who participated in its preparation – the drafting attorney, a witness, or their close relatives – unless specific conditions are met.
This prohibition exists to prevent conflicts of interest that could compromise the independence and integrity of the will-drafting process.
Who is Considered a Participant in Preparation?
The prohibition applies to attorneys who drafted the will, witnesses who attested to the testator’s signature, and the close relatives of these individuals.
The exact scope of who is considered a “participant” has been addressed in court decisions that have refined the law’s application.
Exceptions and Safe Harbors
The prohibition is not absolute. Wills prepared by professionals who are also family members of the testator may be permitted in certain circumstances. The law provides for situations where the testator’s relationship with the beneficiary-preparer is legitimate and not exploitative.
An attorney in this situation should disclose the potential conflict and ensure additional safeguards are in place.
Challenging Wills on This Ground
A will that benefits the attorney or witness who prepared it can be challenged in probate proceedings. The challenger must establish that the beneficiary participated in the will’s preparation in the legally relevant sense.
Best Practice for Attorneys
The safest practice is for attorneys to decline to participate in preparing wills that would benefit them personally or their immediate family. If this is unavoidable, maximum transparency and additional safeguards are essential.
