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Inheritance & Probate

Is an oral deathbed will valid under Israeli law?

Yes, in narrowly defined circumstances. Section 23 of the Succession Law 5725-1965 recognizes an oral will (tzavaa beal peh, a spoken will) made by a person on their deathbed (shchiv mera) or who reasonably sees themselves facing death. The dying person must declare their wishes before two witnesses who understand the language. Those witnesses must record the statement in a written memorandum and deposit it with the Registrar of Inheritance Affairs as soon as possible. The oral will lapses automatically if the testator survives and the danger passes.

Israeli law recognizes four valid forms of will: a handwritten will, a witnessed will, a will made before an authority, and the oral will. The oral will is the exceptional category, reserved for a person who is dying or who reasonably believes death is imminent. Section 23 requires the declaration to be made before two witnesses in a language the testator understands. The witnesses must then reduce the words to a written memorandum stating the day the will was made and the circumstances that justified it, sign it, and lodge it with the Registrar. Courts examine these wills strictly, because a spoken declaration is far more vulnerable to fraud, misunderstanding, and faulty memory than a signed document.

For a foreign family, an oral will is a frequent source of conflict when a relative dies in Israel shortly after a verbal statement about who should receive their property. The statute builds in a safeguard against over-reliance on such wills: under Section 23(c), an oral will expires one month after the circumstances that justified it have passed, if the testator is still alive. Because validity then depends on facts that are difficult to prove after death, including the testator's mental state and the exact words used, relying on an oral will is risky. The far safer route for anyone with Israeli assets is a properly drafted, witnessed will. See our guide to Israeli will requirements for the formal options.

⚖ In Practice
  • Governing law: Section 23, Succession Law 5725-1965
  • Competent authority: Registrar of Inheritance Affairs (Rasham HaYerushot)
  • Witnesses required: two, who must memorialize the statement in a signed written memorandum
  • Expiry: the oral will lapses one month after the circumstances justifying it pass, if the testator survives (Section 23(c))
  • Deposit timing: the memorandum should be lodged with the Registrar as soon as possible after the will is made

From the full guide: Israeli Will Requirements: How to Make a Valid Will in Israel

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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