The four forms of an Israeli will – what each requires, and what invalidates a will.

Wills & Succession · October 22, 2026 · 8 min read

The short answer

Under section 18 of the Succession Law, 5725-1965, a will is made in one of four forms: handwritten, before witnesses, before an authority, or oral. A handwritten will is written entirely in the testator’s hand, dated in their hand and signed by them (section 19). A will before witnesses is signed by the testator in front of two witnesses after declaring to them that it is their will, and the witnesses confirm this by signing on the same occasion (section 20). A will before an authority is stated or handed by the testator personally to a judge, a registrar, a member of a religious court or a notary (section 22). An oral will is reserved for a person on their deathbed or who, in circumstances that justify it, sees themselves facing death (section 23). A provision – other than in an oral will – benefiting the person who drew up the will, a witness, anyone else who took part in making it, or the spouse of any of them, is void (section 35). A defect in a particular can be cured under section 25; a missing basic component cannot.

1. The four forms at a glance

2. Handwritten will

Section 19 of the Succession Law sets three requirements: the will must be written entirely by the testator, dated in their hand, and signed by them. No witnesses are required. That the whole will is in the testator’s handwriting is also the “basic component” of this form under section 25(b)(1); a partly typed document does not meet this requirement as worded, and the Administrator General’s information page states that a typed will is not considered a handwritten will.

A handwritten will may be deposited with the Registrar for Inheritance Matters (section 21 of the Succession Law). Deposit is not a condition of validity – see the article on depositing and changing a will.

3. Will before witnesses

Under section 20 of the Succession Law, a will before witnesses must be in writing, dated and signed by the testator in front of two witnesses, after the testator has declared to them that it is their will. On the same occasion, the witnesses confirm by their signatures on the will that the testator so declared and signed. The will need not be in the testator’s handwriting and may be typed.

Who may not witness. Under section 24 of the Succession Law, a minor or a person declared legally incompetent may not witness a will.

Gifts to a witness or the drafter. Under section 35 of the Succession Law, a provision of a will – other than an oral will – that benefits the person who drew it up, a witness to it, or anyone who otherwise took part in making it, or that benefits the spouse of any of these, is void. The provision in their favour is void; the rest of the will stands unless the court finds it inseparably linked to what is void, or that the testator would not have wanted it without that part (section 38(b)). The Administrator General’s information page on making and depositing a will puts it this way: the witnesses cannot be beneficiaries or the spouses of beneficiaries, and beneficiaries may not be involved in drafting or signing the will.

4. Will before an authority

Under section 22 of the Succession Law, a will before an authority is made by the testator personally stating its terms orally, or handing them in writing, to a judge, a court registrar, the Registrar for Inheritance Matters or a member of a religious court. Under section 22(g), a notary is treated as a judge for this purpose. The authority records or receives the terms, reads them to the testator, the testator declares that this is their will, and the authority certifies this by signature on the will. If the will is in a language the testator does not understand, it is read to them in translation and the translator certifies this on the will (section 22(c)).

A will before an authority is prima facie evidence that the named person made it, on the date and at the place stated (section 22(f)), and it may be deposited with the Registrar for Inheritance Matters (section 22(e)).

5. Oral will

Section 23 of the Succession Law permits an oral will only for a person on their deathbed, or a person who, in circumstances that justify it, sees themselves facing death. The will is stated before two witnesses who understand the testator’s language. The witnesses record the words, with the date and the circumstances, in a memorandum that they sign and deposit with the Registrar for Inheritance Matters as soon as practicable. An oral will lapses one month after the justifying circumstances have passed, if the testator is still alive (section 23(c)).

6. Capacity to make a will

Under section 26 of the Succession Law, a will made by a minor, by a person declared legally incompetent, or at a time when the testator could not understand the nature of a will, is void. Under section 28, a will can be made only by the testator personally, and a provision that makes its validity depend on another person’s wishes is void.

7. Provisions void for a defect in the testator’s will

Under section 30(a) of the Succession Law, a provision made under duress, threat, undue influence, trickery or fraud is void. Under section 30(b), a provision made by mistake is corrected by the court if it can be determined clearly what the testator would have provided but for the mistake; if not, the provision is void. Under section 31, once a year has passed since the pressure stopped, or since the testator learned of the fraud or mistake, and the testator could have revoked the will but did not, the provision can no longer be set aside or corrected on that ground.

On undue influence, in FH 1516/95 Marom v. Attorney General (22.6.1998) Justice Mazza set out four auxiliary tests, which have been applied since: the testator’s independence and dependence on another; the assistance received from the beneficiary; the testator’s ties with other people; and the circumstances in which the will was made, including the beneficiary’s involvement.

8. A formal defect – when the will can still be upheld

Section 25 of the Succession Law allows a will to be upheld even if a particular or procedure under sections 19, 20, 22 or 23, or the competence of the witnesses, is defective or missing – on two cumulative conditions: the will’s basic components are present, and there is no doubt that the will reflects the testator’s free and true wishes. The decision must be reasoned. Since 1 July 2023 (Succession Law Amendment No. 18, within the Economic Plan Law for 2023 and 2024) the power belongs to the Registrar for Inheritance Matters or the court, as the case may be; before that, only the court held it. The current “basic components” wording was introduced by Amendment No. 11 in 2004.

So, for example, an undated will before witnesses still meets the basic components and can be upheld under section 25 if there is no doubt about the testator’s free and true wishes. A typed document signed without witnesses and not made before an authority, by contrast, meets the basic components of none of the forms.

9. What the Law does not require

The Succession Law does not require a will to be drawn up by a lawyer, does not require it to be deposited (section 21 says the testator may deposit it), and does not require a will before witnesses to be notarised. However, a provision benefiting whoever drew up the will is void (section 35), and sections 19 and 20 apply in full whoever drafts the will.

Frequently asked questions

Is a typed will signed without witnesses valid?

It is not a handwritten will, because it is not entirely in the testator’s handwriting (section 19 of the Succession Law), and it is not a will before witnesses, because it was not brought before two witnesses (section 20). If it was also not made before an authority (section 22), it meets the basic components of none of the forms, so section 25 does not allow it to be upheld.

Can a family member witness a will?

Section 24 of the Succession Law disqualifies only a minor and a person declared legally incompetent. However, under section 35 a provision benefiting a witness or the witness’s spouse is void. So the Law does not disqualify a family member from witnessing; if the witness or their spouse takes under the will, the provision in their favour is void.

What about a will that is not dated?

A date is required by sections 19 and 20 of the Succession Law, but it is not a basic component. The Registrar for Inheritance Matters or the court may therefore uphold the will under section 25 if they have no doubt it reflects the testator’s free and true wishes.

Must a will be deposited with the Registrar for Inheritance Matters?

No. Section 21 of the Succession Law says the testator may deposit the will. A will that was not deposited is valid if it was made in one of the statutory forms.

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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