Handwritten Will

Can a testator type out his will, so that it is regarded as a handwritten will, and then sign it at the end?

Such a document will not be regarded as a handwritten will, as there is no way of establishing whether the deceased did , in fact, write it and know what he was signing, where the will is typed , and not witnessed.

What is the legal position when a when a handwritten will is signed by the testator, but the handwriting is that of the surviving spouse?

The document will not be regarded as a handwritten will because it is faulty and will not be regarded as the deceased's will. In the absence of a previous valid will, the deceased's estate will be divided according to law.

Can an affidavit submitted to the tax authorities by the deceased be regarded as a handwritten will?

No! The purpose of the affidavit was not that of a will, and, accordingly it cannot be regarded as such.

Can a handwritten will be valid and enforced even if it does not bear the date in the testator's own handwriting?

Yes – a handwritten will can be declared valid and enforced even without a date in his handwriting if the court has no doubt that it reflects the deceased's freely formed true wishes and intentions.

What happens if the deceased's handwritten will is made in parts, and each part bears a different date?

The fact that there is more than one date on the will does not invalidate it. The date on each part merely defines when that particular instruction was written.

What happens if there is a mistake on the date of a handwritten will?

Despite the mistake in the date, it will can still be held valid because the court has discretion to enforce it if it finds that it reflects the testator's true wishes and free will.

Can a video tape made by the deceased be regarded as a handwritten will?

A video tape in which the deceased is recorded reading his will can be regarded as a suitable response to the requirement of a handwritten will under Israeli law, providing that the voice and appearance of the person recorded can be identified without any doubt.

Can an audio recording of the deceased be regarded as a handwritten will?

No.

Can a document in which the "testator" undertakes to make changes to it so that it takes on the form of a valid will, be acceptable as a will?

No! Such a document raises doubts about the "testator's" intentions to make a will, and cannot, therefore, be regarded as one.

Is there any need for a lawyer to sign a handwritten will?

No! A handwritten will does not need to be signed by anyone else except the testator for it to be valid.

Does a handwritten will have to be witnessed for it to be valid?

No! There is no requirement of any sort including the need for witnesses to authorize the testator’s signature on a handwritten will , which simply requires the testator to sign it and date it

Can a person make a video of his will, instead of writing it, and if so, does he need to sign it?

A video recording of a will can constitute a handwritten will, and if so it would be preferable to add the testator's signature to the back of the video tape. However, if there is no signature, the court can correct the fault and declare the "will" valid, if it has no doubt that it reflects his genuine wishes.

Can someone else date a handwritten will, other than the testator?

No! The whole handwritten will must be in the testator's handwriting, including the date.

If the testator writes his will in his own handwriting, can someone else sign it for him on his behalf?

No! A handwritten will should be written, signed and dated by the testator himself.

Why is it so important that the testator himself signs a will written in his own handwriting?

His signature is designed to denote that he had completely made up his mind on the subject.

Is there anything against someone signing a handwritten will he has made on the back, using a literary or pen name he is known by?

There is nothing in the Inheritance Law of 1965 banning this.

Can a testator sign the back of his handwritten will using a nickname?

The Inheritance Law of 1965 does not prohibit this so the answer is, in principle, yes.

Can a testator take any standard form and adapt it into a handwritten will?

No! A handwritten will must all be in the testator's own handwriting and he cannot take a standard form and adapt it. This will be invalid.

Is it imperative to state where a will was drafted where it is handwritten?

No, it is not required by law, but it can be stated.

Must a testator sign his handwritten will in his usual signature, if he has several?

No! He can sign it in any way, providing it can be proved to be his, as the Inheritance Law of 1965 does not specify that the testator must use his usual signature

What should the date recorded on a handwritten will actually represent?

When the testator signed it, not when he wrote it.