Nothing in the aforementioned shall constitute legal advice on behalf of Aley Shalechet.
That which is written in this document shall not be construed as providing legal or professional opinion of any kind or type. For legal advice – please contact a suitable legal firm. We will be happy to recommend an attorney for drafting a will from our experience and the experience of our clients.
When a person plans his final journey, our recommendation is that he/she devote some time to consider the farewell ceremony itself. Consultation and preparation of a customized farewell ceremony, is the unique crowning glory which Aley Shalechet provides.
We will be happy to help, advise, and officiate on the issue of a person’s spiritual will, beyond his material will.
On the matter of a material will, please let us recommend you to read the following article:
Proper rest
TEN RULES FOR WRITING A WILL
Adv. Benny Don-Yechiya
1. If you do not have any property, or you have very little, you probably do not need a will. Usually, young people do not need a will.
2. Most people turn to an attorney to prepare a will, however it is possible to prepare a valid will even without an attorney: Print your own will. Two witnesses who are not beneficiaries must sign at the bottom of it. Another option: A will can be written in the bequeathing party’s handwriting, who will also note the date and sign it.
3. In the absence of a will, the surviving partner inherits half of all the deceased property, even that which was accumulated prior to the marriage. The other half will be divided between the children of the deceased in equal parts. Should you wish to set out a different arrangement – you must write a will.
4. Should you wish that your property be passed on only to the surviving spouse, so that the children will not bother him/her with a demand to receive their share of the estate, a will should be drafted bequeathing the property only to the spouse. It is advisable to include an order of “Heir after Heir” which stipulates that after the demise of the spouse – the share inherited by the deceased will pass along to the children.
5. Often parents financially support their children (financing studies, assisting in buying an apartment and as such). It is possible to balance the family assets fairly and instruct that a child who did not receive money during his parents’ life time, will receive an equal share as his siblings after their demise.
6. 6. If the couple is separated or in the midst of legal proceedings, it is advisable to prepare a will. The law does not recognize the state of the couple’s relationship nor the existence of any legal proceedings between them: in the absence of a will – the spouse will inherit.
7. A divorcee who remarried after living with a partner as a common-law spouse must consider writing a will if he/she wishes that only his children will inherit him and not the new partner. A common-law partner will inherit the partner who is deceased as if they were legally married (on condition that neither of them was married at the time of death).
8. Changing the will or cancelling it is done by writing a new will, which cancels any previous will. Another way to cancel a will: by tearing it.
9. If there is a great deal of property or complex, and you are concerned about heirs’ struggles, you can request to appoint a certain person as the executor of your estate, who will manage the estate when the time comes and act to divide it among the heirs according to the stipulations of the will. However, the court has the discretion not to approve the appointment of that person as an administrator of the estate.
10. It is customary to provide copies of the will to family members or friends, who will know to bring it out when the time comes in order to initiate proceedings for the execution of the will. Those who are concerned that no one will know he left a will – will deposit it at the office of the Registrar of Inheritance.
Adv. Benny Don-Yechiya is an expert in family and inheritance law. He wrote 8 books in his field of work. Don Yechiya manager the family law forum on the “Tapuz” website and presents several radio programs. He put on two humoristic shows: “Better the two” – about relationships and “Laugh at fate” about Jewish humor.
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