What is a notarial will,and how do the four types differ?

A notarial will is a will made before a lawyer who is also a notary. Under Israel's Succession Law, its legal standing is the same as that of a will made before an authority. This article explains what that means, and sets out the four types of will the law recognises. The difference matters, because it affects how well a will holds up if someone challenges it.

A will made before an authority

A will made before an authority is one the testator declares before an official empowered by law, such as a judge. A will made before a notary counts as this type of will.

That is why a notarial will is very hard to challenge, as long as the notary followed the rules for making it.

Why a notary?

A notary is a lawyer who has received a special appointment to the role. When a will is made, the notary identifies the testator and makes sure they understand its content and are making it of their own free will.

The will therefore rests on confirmation by an authorised official, not only on the testator's signature. This matters most when there is a risk that someone may later claim the will does not reflect what the testator wanted.

The four types of will under the Succession Law

The Succession Law, 5725-1965, recognises four types of will:

1. A handwritten will: the testator writes the entire will by hand, dates it and signs it.
2. A will before witnesses: a written will the testator signs in front of two witnesses, who confirm with their signatures that the testator declared it to be their will.
3. A will before an authority: the testator declares the will before a judge, a registrar of inheritance, a member of a religious court or a notary. The will is written or stated before the authority and recorded.
4. An oral will: a will a person states before two witnesses, only in special circumstances, for example on their deathbed.

How is a notarial will different?

All four types are valid, as long as the legal requirements are met. The difference lies mainly in the level of certainty.

With a handwritten will or a will before witnesses, the question of whether the testator understood what they signed and acted freely may only come up after their death. With a notarial will, a notary checked this at the time it was made. That reduces the risk of a dispute between the heirs later on.

How does it work in practice?

A notarial will usually involves a few steps:

1. An initial conversation about your wishes: what you own, who should inherit, and in what shares.
2. Drafting the will.
3. A meeting with the notary. You show an identity document, and the notary makes sure you understand the will and are making it freely.
4. Receiving the signed will, together with the notary's confirmation.

The will can also be deposited with the Registrar of Inheritance, so it can be found when it is needed.

A will in Hebrew or English

Not everyone who makes a will in Israel is comfortable with a legal document in Hebrew. Adv. Segev prepares wills in Hebrew and English, so you can understand every clause before you declare the will.

Can a will be changed?

Yes. The testator may change or revoke the will in the ways the law sets out. A reason might be, for example, the birth of a grandchild, the sale of an asset or a change in family circumstances. As a rule, it is wise to do so with the same care as the original will.

Who is it for?

A notarial will suits anyone who wants a high degree of certainty that their wishes will be respected, for example when the estate is not divided equally between heirs, or when there is a risk of disagreement in the family.

This article is general information, not legal advice. For advice on your situation, contact the office.