A witnessed will is one of the most common and reliable forms of will in Israel. Understanding the requirements, how to properly execute a witnessed will, and common mistakes to avoid helps ensure that this critical document is legally valid.
What is a Witnessed Will?
A witnessed will is a written will signed by the testator in the presence of two witnesses, who then attest in writing to the testator’s signature and capacity. This is distinct from a handwritten will (which requires no witnesses) or a will before authority.
Requirements for Valid Witnesses
Witnesses must meet specific requirements. They must be adults. They cannot be beneficiaries under the will or closely related to beneficiaries. They must be present simultaneously when the testator signs.
A witness who stands to benefit from the will – or whose close relative benefits – is disqualified, and this disqualification may affect the entire will’s validity.
The Signing Ceremony
The will is typically signed in a formal ceremony: the testator signs in the presence of both witnesses, who then sign the attestation clause confirming they witnessed the signature. This ceremony should occur in one continuous event, with all parties present throughout.
What Witnesses Must Attest
The witnesses attest that the testator signed the will in their presence, that the testator appeared to be of sound mind and acting freely, and that they witnessed the signature at the testator’s request.
Best Practices
Witnesses should be completely independent from the testator’s family and unconnected to the estate. Using professionals (attorneys from a different firm, physicians, accountants) as witnesses provides the strongest protection against challenges.
Keeping contemporaneous records of the signing ceremony – including notes about the testator’s apparent mental state and the circumstances – provides valuable protection if the will is later challenged.
