Different ways of making a will

The law provides us with one single way through which we can determine what will be done with our property after we die, namely, a will.

The law sets forth four ways of making a will: in handwriting, before witnesses, before an authority or orally, or before a notary.

Handwritten will

A will that is written only in the testator’s handwriting bears a date written in his handwriting and signed by the testator.

The advantage of such will is that it does not have to be printed using a computer, and even those of us who are not familiar with technology can make this will. Its main disadvantage is that it is not prepared by an advocate who verifies the identity of the signatory on the will, and therefore there are many risks of forging wills that allegedly bear your name. In addition, there were numerous instances in which a will that was drafted by the testator itself was not honored by the court due to vague wording, illegible handwriting, double meaning and so on.

Will before witnesses

The testator is obligated to approve the content of a will that can be printed by signing the will in the presence of two witnesses who will validate with their signature, affixed to that will, that the testator declared before them that this is his will and that he signed it out of his own free will. It is important to ensure that the will is validated by the signature of an advocate who authenticates the identity of the testator and the witnesses. The main advantage of this method is that the presence of two witnesses and an advocate prevents forgery of the will. The printed will is also more legible and clear, and therefore it is easier to follow the testator’s wishes and fulfill them. In addition, an advocate assisting in drafting the will can also ensure that the will is drafted in a legal and orderly manner and prevent a situation wherein the will is canceled by the court after the testator’s death.

In terms of reliability and “safety” this is the most recommended method.

The disadvantage of a will made before witnesses lies in the need to find two reliable witnesses who will sign the will and who are not beneficiaries in the will. This can be quickly easily solved since most law firms find neutral and unbiased witnesses who serve as reliable and credible witnesses to the will.

Will before an authority

You may make your will before a Justice of the court or a court registrar. The testator delivers the court a request to approve that this is his will and that his will shall be read before the court, and the court grants its approval that this is his will. The advantage of this type of will is the sense of ceremoniousness and importance that surrounds the making of the will that is manifested in approaching the court.

Furthermore, for the purpose of this method, a notary is in the same status as a Justice.

The disadvantage of this method is in the long and cumbersome process that is involved in approaching legal instances on whose agenda there are numerous cases and therefore a will that could have been made in a number of hours may extend to a number of weeks and even months. In addition, a will before an authority involves payment of different court fees.

Oral will

A sick person on his death bed and anyone who considers himself as facing death under certain circumstances, may testate before two witnesses who hear him and whose words they write in a memorandum and deposit the document with the Inheritance Registrar.

The advantage of this method is that in the event of the quick and unexpected death the testator has a legal and efficient solution to devise his property without investing the time and efforts required in making a written will.

The disadvantage lies in the concern that your words will be misquoted or even falsified by the witnesses and in fact your wishes will not materialize. In addition, this type of will is null and void 30 days after the threat on the testator’s passed, and if the testator stayed alive.

However, the main disadvantage of an oral will stems from the fact that naturally death cannot always be anticipated and the will cannot always be made beforehand.

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