IsraelLawWhat happens if a person making a will in Israel cannot sign it?
The Succession Law recognises four forms of will, and the signature rule differs across them. A handwritten will must be written, dated and signed in the testator's own hand, so it is unavailable to anyone who cannot write. A witnessed will requires the testator to declare before two witnesses that this is their will and to sign in front of them, after which the witnesses sign a confirmation on the document. A will before an authority needs no signature from the testator at all, because the words are spoken to or read by the official, who records the text and certifies that the testator confirmed it. An oral will is open only to a person on their deathbed or in genuine danger of death, and it expires if the danger passes.
For a diaspora family arranging a will for an elderly or seriously ill parent in Israel, the practical route is usually the will before an authority. A notary can attend a hospital bed or a care home, and the certificate the notary issues carries real evidential weight if the will is later challenged for lack of capacity. Record the reason the testator could not sign, and ask the treating doctor for a note on mental capacity dated the same day. Where a signature was attempted and produced only a mark, the witnesses should describe that in the attestation rather than leave it unexplained, because unexplained irregularities are what draw objections at the Registrar. Our guide to Israeli will requirements sets out each form in full.
- Governing law: Sections 19 to 25, Succession Law 5725-1965
- Competent authority: Registrar of Inheritance Affairs (Rasham LeInyanei Yerusha); Family Court where the will is contested
- Signature substitutes: a mark, initial or fingerprint made with testamentary intent, provided the witnesses record the circumstances on the document
- Will before an authority: declared orally to a judge, a Registrar of Inheritance Affairs, a notary or a religious court judge, who reads it back and certifies it
- Oral will: available only in the face of death, must be recorded in a memorandum by two witnesses and deposited with the Registrar, and lapses one month after the danger passes
- Notary fee: charged under the fixed Notaries (Fees) Regulations tariff, approximately NIS 200 to 400 for a standard certification (2026), plus a supplement for attendance outside the notary's office
From the full guide: Israeli Will Requirements: How to Write a Valid Will in Israel
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