Quick Answer: Israeli law recognises exactly four types of valid wills under the Succession Law 1965: handwritten, witnessed, before an authority, and oral (emergencies only). A will that does not meet the formal requirements of one of these four types will be declared invalid — courts apply the rules strictly, with very limited room for judicial discretion.

1. Who Can Make a Will in Israel, and What the Law Actually Requires

A lot of foreign nationals assume that an Israeli will works much like a will back home. Sometimes it does, but often the differences matter in ways that are only discovered at probate — which is the worst possible time to find them.

Under Sections 1 and 26 of the Succession Law 1965 (Hok HaYerusha, 5725-1965), any person aged 17 or older who is of sound mind and acting of their own free will may make a will. The law does not distinguish between Israeli citizens and foreign nationals: if you own assets in Israel, Israeli law governs how those assets pass at death, regardless of where you live or what nationality you hold.

The critical rule is this: your will must conform exactly to one of the four recognised types. There are no informal wills, no holograph wills with partial typing, no "close enough" situations. The Succession Law is formalistic by design, and Israeli courts apply it that way. A single formal defect — a typed line in a handwritten will, a witness who is also a beneficiary — can invalidate the entire document.

In Practice: The most common mistake I see is foreign clients who drafted a will in their home country and assume it covers their Israeli assets. It may — but only if it was executed in a form that Israeli law recognises, or is valid under the law of the country where it was made. Foreign wills are accepted, but they need to be checked against Israeli requirements before you rely on them.

2. Handwritten Will (Tzava'a Bichtav Yad)

Under Section 19 of the Succession Law, a handwritten will must meet three requirements — all three, without exception:

  • The entire text must be written in the testator's own handwriting — not typed, not printed, not dictated and copied by someone else
  • It must be dated in the testator's handwriting (day, month, year)
  • It must be signed by the testator

No witnesses are required. This is both the simplest and the most fragile form — simple because anyone can do it alone, fragile because any deviation from the rules is fatal. A will typed and then signed by hand is not a handwritten will. A will dated only with the year is questionable. A will written by someone else at the testator's direction, even if signed, is invalid as a handwritten will (though it might qualify as a witnessed will if the requirements for that type are met).

Handwritten wills are also more vulnerable to forgery claims and capacity challenges in contested estates. For anyone with significant Israeli assets, a witnessed will or a will before an authority provides considerably stronger protection.

3. Witnessed Will (Tzava'a Bife'ne Edim)

The witnessed will is the most common form used in practice. Under Section 20 of the Succession Law, it requires:

  • The will may be typed or handwritten (no restriction on method)
  • The testator must sign the will in the presence of two witnesses simultaneously
  • The two witnesses must sign a declaration on the will itself, confirming that the testator signed in their presence, appeared to be of sound mind, and acted of their own free will
  • The two witnesses must not be beneficiaries under the will, and must not be the testator's spouse at the time of signing

A beneficiary who acts as a witness does not invalidate the whole will — but under Section 35, that beneficiary loses their entitlement under the will. This is a critical point that surprises many clients: if you name your adult child as a beneficiary and they also sign as a witness, the will may stand, but that child's inheritance is voided.

In Practice: Choosing witnesses requires care. The witnesses must be legally capable adults who are not related to the beneficiaries in a way that creates a conflict. We typically recommend using two individuals who have no financial interest in the estate whatsoever — neighbours, colleagues, or the attorneys handling the will. Using family members as witnesses almost always raises complications at probate.

4. Will Before an Authority (Tzava'a Lifne Rashut)

Under Section 22 of the Succession Law, a will may be made before a judge, notary, or the Registrar of Inheritance (*Rasham HaYerushot*). This is the most secure and contestation-resistant form available under Israeli law.

The procedure works as follows:

  1. The testator appears before the authority in person
  2. The testator either reads out their wishes orally or presents a written text
  3. The authority records the will, reads it back, and the testator confirms it reflects their wishes
  4. Both the testator and the authority sign
  5. The will may be deposited with the Registrar of Inheritance for safekeeping

A will before an authority is difficult to challenge. The authority is a neutral official who is trained to identify capacity issues and undue influence — their involvement creates a contemporaneous record that is hard to dispute at probate. For elderly clients or clients with complex family situations, this form is strongly recommended.

One practical note: making a will before a notary in Israel is straightforward, but requires an appointment. The costs are modest — notarial fees are regulated. For foreign nationals who cannot easily come to Israel, a will before a notary in their home country can be valid in Israel if executed correctly (see Section 6 on foreign wills).

5. Oral Will (Tzava'a Befeh)

The oral will under Section 23 of the Succession Law is reserved for genuine emergencies. The testator must be facing what appears to be imminent death — typically due to sudden serious illness, an accident, or being in active combat. The requirements are strict:

  • Two witnesses must be present who hear the oral declaration
  • The witnesses must record the will in writing within 48 hours of hearing it
  • The written record must be filed with the Registrar of Inheritance within 30 days
  • The will automatically becomes void if the testator survives for one month after making it — unless they are still facing imminent death at the end of that month

An oral will is not a practical estate planning tool. It is a safety valve for situations where no other form is available. If a person makes an oral will and then recovers, they need to execute a proper will immediately if they want to ensure their wishes are documented.

6. Foreign Wills and Israeli Probate

A will executed outside Israel is valid for Israeli assets if it meets any one of the following conditions under Section 68 of the Succession Law:

  • It is valid under Israeli requirements (i.e., it meets one of the four types above)
  • It is valid under the law of the country where it was executed
  • It is valid under the law of the country of which the testator was a citizen at the time of execution or death
  • It is valid under the law of the country where the testator was habitually resident at the time of execution or death

To probate a foreign will in Israel, you need: (1) the original will apostilled; (2) a certified Hebrew translation; (3) an application for a Probate Order (*Tzav Kiyum Tzava'a*) submitted to the Registrar of Inheritance. If the will is contested or the Registrar has doubts, the matter is referred to the Family Court.

One issue that repeatedly comes up with foreign nationals who own Israeli real estate: a US or UK will that covers "all my assets" does cover the Israeli property — but probating it through the Israeli system takes time and requires an Israeli attorney. The alternative is to draft a separate Israeli will covering only the Israeli assets, which many cross-border estate planners recommend for efficiency.

7. What Should an Israeli Will Include?

Israeli law does not prescribe a mandatory form of words, but a well-drafted will typically includes:

  • Identity details: Full name, Israeli ID number (if any), date of birth, and country of residence of the testator
  • Revocation clause: Expressly revoking all prior wills and codicils (critical if you have made earlier wills)
  • Beneficiary designations: Full names, identity numbers, and relationship to testator for each beneficiary
  • Asset-specific bequests: For Israeli real estate, include the property address and Land Registry details
  • Executor appointment: Israeli law does not require an executor, but naming one speeds up estate administration considerably
  • Substitute beneficiaries: What happens if a named beneficiary predeceases the testator
  • Governing law clause: Useful for foreign nationals confirming that Israeli law governs distribution of Israeli assets

8. Registering and Depositing Your Will

There is no legal requirement to register a will in Israel — but registration is strongly recommended. The Registrar of Inheritance maintains a confidential will registry. When a person dies, their heirs or attorney check the registry before filing for a succession order; an unregistered will can be overlooked entirely.

To deposit a will, the testator (or their attorney with authorization) submits the original to the Registrar. The will is sealed and held confidentially during the testator's lifetime. The details of deposit are not disclosed until the testator's death, at which point any heir can request confirmation of whether a will was registered.

For wills before an authority, the authority handles the deposit as part of the procedure. For handwritten or witnessed wills, it is worth depositing a copy with your Israeli attorney and providing them with clear written instructions on where the original is kept.