4.41 Validating Faulty Handwritten Will

Can a handwritten will still be declared valid if the testator doesn't actually sign it ?

Yes, if the court has no doubt about it being genuine, and reflecting the testator's true and free wishes.

Can a printed will which is titled "handwritten will" be regarded as a valid handwritten will ?

No ! Such a will is invalid. A handwritten will must be handwritten by the testator and titling the document "handwritten will' does not validate it as such, if it is printed

How essential is it that a handwritten will must actually be in handwriting ?

It is a material element of a handwritten will, and writing it in another form creates a different form of will.

Is it possible to validate a handwritten will which the testator wrote in his own handwriting , but which he did not sign or date ?

Exceptionally, yes, where the court has no doubt about the genuineness of the will, and it reflecting the testator's true, free and last wishes concerning his estate.

Is it a major fault if a handwritten will only bears the testator's signature on the last page, and not at the foot of each one ?

No ! The absence of the testator's signature on each of the pages of his handwritten will does not constitute a fault, but could be taken into consideration with other factors which cast doubt on its genuineness.In principle, the testator is only required to sign the will at the end.

Can a court still declare a handwritten will valid if there is a discrepancy between the Hebrew and Gregorian dates stated in it ?

Yes, providing it has no doubt as to the genuine nature of the will, and it reflecting the true , real and last wishes of the testator.

Can the court still declare a handwritten will valid if it is discovered that the date recorded on it was not the actual date when it was made ?

Yes, if it is sure that the will is genuine, and reflects the true, real and last wishes of the testator.

Is it a fault if a handwritten will bears several dates, and not one ?

No ! There is nothing in the Inheritance Law of 1965 that specifically requires a handwritten will to bear only one date. It is possible , in practical terms, for a handwritten will to be made over a period of time, on several different occasions, and, signed later on. Accordingly, different dates may be found in the will, in different places. There is nothing wrong in this.