Will Before Witnesses

What are the legal requirements for a valid will before witnesses? The will must be in writing, bear the date and the signature of the testator, and also that of two witnesses who authorize that he/she signed it in their presence.

Is a written will valid if it is witnessed by only one person? No! There is no way round the vital requirement of two witnesses.

Can a will be made in front of two witnesses, but not in writing? No - it must be in writing. The only exception is where a will is made by a person facing death, in can be made orally before two witnesses, who have to make a written memo of its contents

What happens when the testator corrects a will made before two witnesses? The testator should sign on each place he/she amended , to erase any doubt later.

What is the legal position when a will made before witnesses is altered using tippex or correction fluid? It does not invalidate the will and it will be valid as long as it is not proved otherwise by those who may object to it. As a rule of thumb, it is preferable to cross out instructions by hand, and alter them by hand, and sign next to the alteration, rather than using correction fluid.

What is the legal position where there is no date on a will made before witnesses? Where the will is not dated on the back, the court can enforce it where it has no doubt as to its genuineness.

What is the legal position where one of the witnesses has added a date which is later than the one stated on the will? If it is clear that the testator's signature was made close to that of the witness, the will can still be enforced.

What is the law when the testator signed a will before witnesses on an declaration that is incorrect? If the will was drafted by a lawyer who explained the consequences of the will to the testator , the court can recognize the will in so far as it has no doubt that it reflects his/her real wishes and was made freely.

Is there a set formula under Israeli law for the testator's declaration in his will, which one has to conform to when making a will before witnesses? No – the law does not oblige the testator to use any set wording.

Is a will before witnesses invalid if it does not contain a declaration by the testator? Not necessarily – the court can declare the will valid if it has no doubt as to it being genuine and reflecting the true wishes and free will of the testator.

What is the role of witnesses? They must just declare in writing that the testator declared to them that the document was his/her will and confirm that he/she signed it in their presence.

What happens if one of the witnesses did not sign the will? It cannot be enforced as the Inheritance Law of 1965 expressly states that there must be two witnesses.

Are the witnesses likely to have any additional role other than witnessing the signing of the will? Possibly. If objection is filed to the will, they may have to testify that the testator signed it before them and that it was his/her will.

What happens if the witnesses signed that the testator signed in front of them – but did so on a separate piece of paper, not at the end of the will, or on its back? This could count as flaw which could invalidate the will. The court will have discretion as to whether it will declare the will valid or not, depending on its impressions of the genuineness of the will and whether it reflects the free and true wishes of the testator.

What is the legal status of a will where the authorization of the witnesses that the testator signed it in front of them is missing? This is a fault but the court has discretion to validate the will if it has no doubt as to it being genuine and reflecting the true and free wishes of the testator.

Does the fact that the witnesses did not check out the testator's health invalidate the will? No! The role of the witnesses in relation to the making of the will is to certify that the testator signed the will in front of them.

Must the witnesses know that they are signing a will and what it contains? Yes – they must know that the document they sign on is a will, and what its contents are, to avoid the situation where they sign the end/back of a document without knowing what it is.

Can someone who is blind make a will? Yes, before witnesses, who can declare that it was read to him/her.

Is there any need to make a will in a particular language? No! A will can be made in any language, provided that the contents as expressed in the language written were explained and clarified to the testator if he cannot read it himself/herself.

What happens if a will is made in a language which is not clear to the testator, and its contents are not explained to him in a language that is either his mother tongue, or of which he has a good command? It is possible that the court will enforce the will, if it still has not doubt about the will reflecting the testator's true wishes.

Is there a legal requirement that if the will is drafted in a language unfamiliar to the testator , that it was translated to him/her? No, but this is preferable, as it would help the person applying for probate to prove that the testator knew the document he/she signed was a will and that it reflected his/her true and last wishes.

What happens if the will is written in a language of which the testator only has partial command? In this case where there is remark about the will having been translated to the testator, some doubt does exist as to whether he/she understood the contents of what is written, so that there could be problems in getting probate.

What must a beneficiary do to get a will which was made before witnesses validated if it was not fully made in accordance with the requirements of law |? In order for the beneficiary to succeed in getting such a will validated must prove that it is valid in spite of the faults.

Are there any requirements about how a will before witnesses is actually written? It can be printed or handwritten, in which case the testator can get someone else to write the will for him, providing that person is not a beneficiary.

What is the significance of the testator’s signature on a will which is witnessed anyway? The testator’s signature on a witnessed will is evidence that the testator intended that the will have binding legal value.

How can a person who cannot write sign a will? By a thumbprint which is a unique form of signature by which the testator can be identified.

Can a testator appoint a representative who can sign a will on his behalf , in front of witnesses? No , making a will is a personal act which requires the signature of the testator him/herself!

Must the testator sign the end or bottom of the will, before the witnesses’ signature , in a will made before witnesses? This is usually the case, and the preferred method, although if the testator signs the will in another place on it, the will may still be valid , if there is no doubt that the testator intended to make a legally binding will.

Must a testator sign each page of a will before witnesses? No , but this is preferable, in case there is objection to the will being validated, in which case it could help validate it.

Can the witnesses sign the will before the testator does if he signs it in their presence? No! The testator should make a declaration to the witnesses that the document is his/her will and should sign it in front of them, after which they should authorise this by signing the will. If the witnesses sign prematurely this is a fault, though it can be remedied if it is proved that the will reflects the true and free wishes of the testator.

Can the witnesses sign on a separate document and not the will? No!

Is a will made by a blind person in Braille, in front of witnesses , valid? Yes. A will written in any language , such as braille, which can be de-coded, is valid.

Can a will before witnesses be written by hand, but not by the testator himself? Yes! A will before witnesses need not be written by hand, and is normally printed, but if it is handwritten, can actually be written by someone other than the testator himself.

Can a will before witnesses actually be written in the handwriting of one of the witnesses? Yes!

Can someone who cannot write with his hand, but can wield an instrument of writing with his foot/toe make a will this way, in the presence of witnesses? Yes, a testator who uses part of his foot to write can do so in this way, and it will be regarded as a will before witnesses. There is nothing in the Inheritance Act of 1965 actually saying the way in which a will before witnesses should be written.

Can a person make a will before witnesses even if there is no paper available? Yes! It can be made on other material as there is no restriction on the medium regarding a will made before witnesses.

Is there any restriction on the writing instrument to be used when a will is made before witnesses? No! Anything that is available is acceptable.

Can a testator write a will before witnesses in code? There is nothing in the Inheritance Law of 1965 obliging a testator to write a will in a language understood by all. Therefore, in theory it is possible for a testator to write his will in code, providing that it can be decoded objectively and understood.

Does the law oblige the date to be in any special position where the testator makes his will before witnesses? No , but it is preferable for the date to be above the place where the testator signs.

Can a person who can read and write still sign a will before witnesses by using his thumbprint? Yes – there is nothing to stop him signing this way. The Inheritance Law of 1965 does not define how the testator should sign, and any method by which his signature can be identified is acceptable.