Representation and Drafting of a Will with a Lawyer and Notary

Representation and Drafting of a Will with a Lawyer and Notary is a matter in which the details depend on the role, the information involved and the circumstances of each case.

Representation and Drafting of a Will with Recommended Lawyer and Notary Emanuel Trach

In an era when planning for the future is essential, it is important to draft a clear and precise will. A will is the document that expresses the testator’s wishes regarding how his property will be divided after his death, and it may prevent family disputes in the future.

The Importance of Making a Will

A will is a legal document that allows every person to determine how his property will be divided after his death. Making a will helps prevent disputes and family conflicts that may arise following a person’s death. By means of a will, it is possible to ensure that the property is divided exactly as the deceased wanted.

The Legal Framework for Making a Will

The Succession Law, 5725-1965, regulates the law of wills in the State of Israel. The law provides that a will is the binding document for determining how the estate is divided, and that in the absence of a will, the property is divided according to the rules of intestate succession under the law.

Section 18 – “Every person is competent to inherit, but whoever was convicted of an offense that intentionally caused the death of the decedent has no right of inheritance.”

Section 19 – “A will shall be made in one of these ways: (1) in handwriting, (2) before witnesses, (3) before an authority, (4) orally.”

Section 22 – “A will before an authority shall be made by stating the words of the will before a judge, a registrar or a notary, or by submitting it in writing to an authority as stated.”

Section 25 – “A will shall not be invalidated because of a defect in its form if the court is satisfied that the will reflects the testator’s free and true wishes.”

Section 35 – “A provision in a will that benefits a person who took part in its preparation is void.”

Types of Wills under the Law

The Succession Law recognizes four main types of wills:

A handwritten will (Section 19(1)) – written entirely in the testator’s own handwriting and including a date and signature.

A will before witnesses (Section 20) – made in writing and signed by the testator before two competent witnesses, who confirm the will with their signatures.

A will before an authority (Section 22) – made before a notary, judge, registrar or dayan.

An oral will (Section 23) – “A person on his deathbed, or who sees himself facing death, may make a will orally before two witnesses.”

How a Will Is Prepared under the Regulations

The Succession Regulations, 5758-1998, specify the ways in which a legally valid will must be made:

• It must be ensured that the testator is fully aware of the meaning and content of the will.
• The will must include identifying details of the testator and the heirs.
• In the case of a will before witnesses, it must include the witnesses’ written confirmation that the testator was competent and understood the meaning of the will when it was made.
• A notarial will requires a notary’s confirmation that the testator was of sound mind and fully understood the will.

Ways of Challenging a Will and Dealing with Them

A will may be challenged for a variety of reasons, including:

Lack of legal capacity – if it is claimed that the testator was not of sound mind when the will was made, medical opinions and relevant testimony may be presented.

Undue influence – if it is claimed that the will was made under pressure, threats or manipulation, the circumstances of making the will and whether the testator was free in his decision should be examined.

A formal defect – a will that was not made in accordance with the requirements of the law (such as the absence of witnesses where they are required) may be invalidated.

Forgery or fraud – evidence may be presented that the will was forged or was signed under suspicious circumstances.

Provisions contrary to the law – provisions that disinherit heirs who are entitled to inherit by law, or that benefit a person who took part in making the will, may be invalidated.

Dealing with Objections to a Will

• Proving soundness of mind – using medical documents and testimony of doctors or professionals who knew the testator.
• Testimony of reliable witnesses – bringing witnesses who were present when the will was made.
• Correcting formal defects – in certain cases, the court may approve a will despite a formal defect if it is proven that it reflects the testator’s wishes.
• Document examinations and signature verification – using handwriting experts and forensic tests to identify forgeries.

Advantages of Making a Will with a Lawyer

Making a will on your own is possible, but the guidance of an experienced lawyer ensures:

• Sharp and clear wording to prevent misunderstandings.
• Compliance with the requirements of the law and the regulations.
• Addressing complex assets such as provident funds, real estate and bank accounts.
• The possibility of making a mutual will for spouses.

A Mutual Will for Spouses

A mutual will allows spouses to determine the division of property between them, so that after the death of one of them, the property passes to the surviving spouse. Such a will requires careful legal planning, since changing a mutual will after the death of one spouse may lead to legal disputes.

Adv. Emanuel Trach – Experienced in Drafting Wills

Adv. Emanuel Trach drafts wills of all types, with attention to personal adaptation for each client. His experience in the field of inheritance and his deep understanding of the law allow him to draft valid, clear wills tailored to each client according to his or her legal and family situation.

Contact for Legal Advice

To make a professional and personally tailored will, you can contact the office of Adv. Emanuel Trach to schedule a meeting and comprehensive legal advice.

Will Representation and Drafting Services

Adv. and Notary Emanuel Trach offers professional and reliable services in representation and drafting of wills, including:

• Personal consultation: a meeting with the client to understand his or her needs and personal preferences.
• Drafting a tailored will: preparing a will personally adapted to the family structure and the wishes of the testator.
• Legal checks: making sure the will meets all the legal requirements, including wills before witnesses or wills before a notary.
• Explanations on the process of carrying out the will: an explanation of how to carry out the will after death, including dealing with the authorities.
• Additional services: updating existing wills, preparing wills for same-sex couples, and advice on other legal matters related to property.

Why Choose Adv. Emanuel Trach?

• Professional experience: with 15 years of experience in the field, I bring broad knowledge and the ability to handle a variety of legal situations.
• Fair treatment: I am committed to providing quality service, with transparency and professionalism.
• Convenient location: the office is located at Yigal Alon 94, Alon Towers 2, 4th floor, Tel Aviv, and offers convenient access to clients.
• The service can be provided at the client’s home.

Do not hesitate to contact me to make sure your wishes are carried out in the future, and to receive professional advice and personal attention.

See also: Notarial will, Notarial verification of a will, Wills lawyer in Tel Aviv, Guide to making a will, Obtaining a probate order and Continuing power of attorney.

Representation and Drafting of a Will with a Lawyer and Notary: What to Keep in Mind

Anyone who may face representation and drafting of a will with a lawyer and notary should read the questionnaire carefully, answer accurately and keep supporting documents at hand. Each case turns on its own facts, so general information is only a starting point, and questions about representation and drafting of a will with a lawyer and notary are easier to handle early than late.

For the wider picture see our page on security clearance in Israel. For general official information see the Israel Defense Forces website. A first conversation with a lawyer about representation and drafting of a will with a lawyer and notary can help clarify the options and the next steps in your case.