Attorney Adi Cohen provides professional, responsible, and comprehensive services in the field of wills and inheritances, advising and guiding clients in planning and preparing for every scenario. The services offered include: drafting wills, preparing mutual wills for couples, consulting, accompanying, and representing clients in cases of will disputes or defending a will, distributing an estate in the absence of a will, renouncing inheritance, and additional services.

What is a will, and when is it recommended to prepare one?

A will is a tool that allows a person to determine how their estate will be distributed after their death. It is commonly believed that drafting a will is mainly for the elderly or the sick, but life circumstances can be unpredictable. In fact, it is appropriate for any adult who owns property and/or wealth, especially as a parent, to express their wishes and take care of their loved ones by preparing a will.

Although a will primarily addresses the distribution of the estate, it can also serve as a farewell document that reflects the individual’s appreciation and love for their loved ones, and sometimes even influence their lives after parting from this world.

What happens to the estate of a deceased person in the absence of a will?

When a person dies without leaving a will, the distribution of the estate will take place according to inheritance law, which governs how the estate is divided among the heirs, the order of heirs, and the applicable rules.

Since the law is inherently dry, the death of a person without a will may lead to conflicts and difficulties among the heirs and/or those who see themselves as entitled heirs, potentially leading to a complex and prolonged legal dispute, the outcome of which may not necessarily reflect the deceased’s wishes.

Issues that may arise in such cases:

• A child who was estranged from the parent and not part of their life may return to claim their share upon the parent’s death, to the distress of other siblings and/or the mother.
• A child who received a significant gift from the deceased parent before their death, whether in cash, real estate, or other assets, may cause a dispute among the heirs over whether the gift was given at the expense of the recipient’s share in the inheritance.
• The position of a spouse in a non-marital relationship, in a second marriage, in the order of inheritance.

In such cases, and in cases where additional issues arise related to inheritance without a will, it is important to consult with a wills and inheritance lawyer to examine the circumstances and options and, if necessary, to represent the client in legal proceedings.

How can a will be prepared?

Drafting a will is an option available to any adult at any stage they choose, including changing an existing will. There are several ways to prepare a will:

• Oral Will: An oral will is a will with limited validity, applicable under specific circumstances. It allows a person on their deathbed who believes they do not have enough time to draft and sign a detailed will to express their wishes before two witnesses who are not included in the will. The witnesses will record the testator’s words, noting the date, and sign the document. This will be valid if the testator was correct in their assessment and passed away within 30 days of making the oral will. It is important to note that an oral will is considered weak legally and can be easily contested.
• Handwritten Will: A handwritten will is a will written by the individual in their own handwriting, signed by them, and dated. The testator can detail their wishes and how they want their estate to be distributed. Although recognized and valid by law, this type of will may leave “gaps” and questions due to unclear wording and/or failure to address changing circumstances and important issues, potentially providing grounds for its annulment.
• Will Before Witnesses: Unlike an oral will, which is also made before witnesses, a will before witnesses is a written or printed will prepared by the testator, detailing their wishes, signed, and dated. The signing takes place in the presence of witnesses whose details are recorded, and who will testify, when the time comes, that the will was signed in their presence, of the testator’s free will, and with full awareness. This type of will is stronger than the previous ones but is still vulnerable to objections due to unclear wording and/or failure to cover all necessary issues. Another ground for annulling this will may relate to the witnesses themselves, their competence, reliability, or a vested interest in the outcome.
• Will Before an Authority: A will before an authority is a will submitted by the testator to an authorized figure: a notary, a judge, or a religious judge. This authority will receive the will, ensure that the testator is aware of its content and understands its significance, and sign off on its legal validity. This type of will is the strongest and is difficult to contest. It is recommended to prepare a will before an authority with the assistance of a professional and experienced wills and inheritance lawyer, both to consider potential issues and to assist in the process.

Can conditions be set for heirs in a will?

A wills and inheritance lawyer who assists clients with significant wealth and assets often encounters requests from testators intended to influence or even control the heirs’ lives through the will by conditioning their inheritance on meeting specific conditions and restrictions.

The role of the wills and inheritance lawyer, besides drafting and formulating the will, is also to reflect to the testator the implications of their decisions, the options available to the heirs according to the will, should they choose to avoid fulfilling these conditions, and to guide them towards reasonable conditions that will stand the legal test.

Examples of conditions seen in wills:

A person with substantial financial wealth and the owner of a well-known company in Israel left an apartment to each of his grandchildren in his will, in addition to a significant sum of money and shares in the family business. The testator conditioned the inheritance on the grandchild signing a prenuptial agreement with their spouse, to ensure the preservation of family wealth and company ownership by the heirs alone in the event of divorce. Thanks to detailed wording by the wills and inheritance lawyer, including how the condition would be applied under different circumstances, this condition was deemed reasonable and upheld by the law.

In another case, a person chose to leave all his wealth to his brother, with whom he was estranged during his lifetime, on the condition that the brother divorced his wife, whom the testator saw as the source of their conflict. While the testator stated that if the brother chose not to do so, he would have to forgo the valuable inheritance, the brother appealed this condition, which was indeed deemed unreasonable and therefore not binding.

Looking for a wills and inheritance lawyer in the central region?

Adi Cohen Law Firm in Rishon LeZion offers legal consulting and support services, as well as notary services, and boasts extensive experience, broad knowledge, and a reputation for satisfied clients, accumulated over nearly two decades, providing excellent service that places each client and their needs at the top of the priority list.