Mutual wills in Israel – what section 8A of the Succession Law permits, and when they can be revoked.

Wills & Succession · October 22, 2026 · 7 min read

The short answer

Section 8A of the Succession Law, 5725-1965, added by Amendment No. 12 in 2005, allows spouses to make wills in reliance of each on the other’s will – whether the beneficiary is the spouse or a third party, and whether in one document or in two documents made at the same time. While both spouses are alive, revocation of a mutual will is effective only if the revoking spouse delivers written notice to the other, and once notice is delivered both wills are void. After one spouse dies, the survivor may revoke their own will only by renouncing what they are due under the deceased’s will (while the estate has not been distributed), or by returning what they inherited – or, where return in kind is impossible or unreasonable, its value (after distribution). The wills may provide otherwise, but a provision that entirely removes the right to revoke while both spouses are alive is void. Under Supreme Court case law, the section applies only to mutual wills made from Amendment No. 12 onwards.

1. What sets a mutual will apart

The general rule is that a testator may change or revoke their will at any time. Under section 27 of the Succession Law, an undertaking to make, change or revoke a will, or not to do so, has no effect, and a provision of a will that denies or restricts the testator’s right to change or revoke it is void. Section 8A is the exception the legislature made for spouses: where the wills were made in mutual reliance, revocation is subject to the conditions in the section.

2. The conditions for a mutual will

• Spouses. The section deals with wills of spouses.
• Reliance. Each spouse makes their will in reliance on the other spouse’s will.
• Beneficiary. The beneficiary under each will may be the spouse or a third party – for example, the children.
• Document. One document, or two documents made at the same time.
• Form. Each will must be made in one of the four forms in section 18 of the Succession Law – see the article on the forms of a will.

According to the gov.il page of the Rishon LeZion office of the Registrar for Inheritance Matters, when a mutual will is deposited both spouses must attend and book two appointments, bringing the two original wills.

3. Revocation while both spouses are alive

Under section 8A(b)(1) of the Succession Law, while both spouses are alive, the testator who wishes to revoke their will must deliver written notice of the revocation to the other testator. Once notice is delivered, the mutual wills of both testators are void – not only the revoking spouse’s will. A revocation made without such notice is ineffective, unless the wills themselves provide otherwise (section 8A(c)). The Law does not prescribe how the notice is to be delivered.

4. Revocation after one spouse has died

5. What the wills themselves may provide

Under section 8A(c) of the Succession Law, the revocation conditions in section 8A(b) apply unless the mutual wills provide otherwise. Spouses may therefore set different revocation terms in their wills. The only statutory limit: a provision that entirely removes the right to revoke the will while both spouses are alive is void. The Law sets no similar limit for the period after one of them dies.

6. Mutual wills made before Amendment No. 12 (2005)

Section 2 of the Succession Law (Amendment No. 12), 5765-2005, provides that the amendment does not affect the validity of wills made before it. In Family Appeal 7884/23 Anon. v. Anon. (10.9.2024) the Supreme Court held that section 8A applies only to wills made from the date the amendment was enacted, and that later “ratifying” an old will, or depositing it, does not make it a new will. Mutual wills made earlier are governed by the law that preceded the amendment.

7. “Heir after heir” (section 42)

Where a will provides that the spouse inherits first and the children after them, section 42 of the Succession Law applies. Under section 42 of the Succession Law, a testator may leave property to two persons so that the second takes after the first. The first may deal with what they received as their own, and the second takes only what the first left; but the first cannot reduce the second’s entitlement by will (section 42(b)). Such a provision for more than two persons is void, except in favour of someone alive when the will was made (section 42(d)). Under section 53 of the Law, a will may provide otherwise than section 42, except for section 42(d).

Frequently asked questions

Can a mutual will be revoked without the other spouse knowing?

For a mutual will made after Amendment No. 12 – not while both spouses are alive, unless the wills themselves provide otherwise. Under section 8A(b)(1) of the Succession Law, revocation is effective only if the revoking spouse delivers written notice to the other, and once delivered both wills are void.

Must a mutual will be in a single document?

No. Under section 8A(a) of the Succession Law, mutual wills may be made in one document or in two documents made at the same time.

What if the surviving spouse makes a new will without renouncing or returning anything?

Under section 8A(b) of the Succession Law, revocation of a mutual will has no effect unless one of the conditions in the section is met – renunciation before the estate is distributed, or restitution after – unless the wills provide otherwise.

Does section 8A apply to a mutual will made in the 1990s?

No. Under section 2 of Amendment No. 12 and Family Appeal 7884/23, section 8A applies only to wills made from Amendment No. 12 (published on 1 August 2005) onwards. Earlier wills are governed by the law that preceded the amendment.

The above is general information on Israeli law only, current as of the date of publication, and does not constitute legal advice or a substitute for advice on your specific circumstances. Fee amounts are those published in Reshumot at the date of publication and are updated from time to time. Consult a lawyer before acting.

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