(b) The testator's words, indicating the day and the circumstances of the making of the will, shall be recorded in a memorandum to be signed by the two witnesses and deposited by them with the Registrar of Inheritance Affairs; Such registration, signature and deposit shall be made as soon as possible after they can be made.
(c) An oral will is void one month after the circumstances that justified its execution have passed and the testator is still alive."
- In order to give effect to an oral will, five formal requirements must be met:
The person claiming the will must prove that the testator was in a state of "lying down" or "as one who sees himself facing death."
- The words of the will shall be recited in front of two witnesses who understand the language of the testator - "those who hear his language." Witnesses of a will that is lying down from evil can be the winners of a will that is lying down, as opposed to witnesses in the will of the witnesses, where there is an unequivocal and absolute prohibition on the witnesses to be heirs or beneficiaries of the testator's estate.
- The words of the testator will be recorded in a memorandum by the witnesses who will sign it.
The memorandum of understanding will be deposited with the Registrar of Inheritance Affairs.
The registration, signature and deposit must be made as soon as possible after they can be made.
(In a number of rulings, it has been held that even a much shorter delay in putting the will in writing and depositing it in court does not meet the requirements of section 23 (Civil Appeal 580/84 Family Appeal v. Pick, IsrSC 42 (2) 703 - a delay of about one month and a civil appeal 631/88 Kaha v. Levy, IsrSC 44(3) 324 - a delay of about two months).
The case law also added a sixth basic requirement that is also required in relation to the other types of wills, which is - proof of the testator's discretion. Civil Appeal 88/88 Eva Yakubowitz v. Attorney General, IsrSC 44(2), p. 69 of March 14, 1990).
- The person who claims the existence of a will that is made orally, must be convinced by strong evidence that it must be executed, while the court must be careful and carefully examine whether it is indeed possible to rely on the witnesses who testify to a will that was made orally. This is a heavy burden of proof in view of the lack of the required level of security regarding the testator's will and the circumstances of making the will.
The reason for this halakha: