The will of a person who is lying down:
- The purpose of the Inheritance Law is to fulfill the will of the deceased. This goal is realized when there is no doubt about the veracity of the will and the fact that it reflects the will of the deceased at the time of its signature. The starting point in probate claims is the principle of respecting the will of the deceased. The assumption is that a will expresses the true and full will of the deceased to be made with his assets after his death, and the manner in which his estate will be divided after his death. The will reflects his autonomy as an individual and his constitutional right to property. Respecting the will of the deceased to instruct what will be done with his property is part of his human dignity (see: Additional Civil Hearing 7818/00 Yosef Aharon v. Amnon Aharoni, 59(6) 653 (2005) and LA 4990/12 Z. v. H.Z. (Published in Nevo, December 13, 2012)).
- The rule is that every person is competent for rights and duties from birth to death and every person is competent to take legal action, unless this capacity has been revoked or restricted, by law or by a court judgment (see: sections 1 and 2 of the Legal Capacity and Guardianship Law, 5722-1962). Therefore, every person is competent to make a will, unless this capacity has been revoked from him.
- 00The provisions of the law relevant to our matter originate in section 23 of the Inheritance Law, 5725-1965 (hereinafter: "the Inheritance Law"), which relates to a will in a criminal appeal, states that:
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"a) A person who is lying down from evil, as well as one who sees himself, in circumstances justifying it, in the face of death, may make an oral decree in the presence of two witnesses who hear his language.
- b) The words of the testator, indicating the day and the circumstances of making 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 it have passed
Her performance and the mitzva are still alive."
- In addition to the requirements enumerated in section 23 of the Inheritance Law, it was determined that an additional requirement must be fulfilled, which is to prove that the testator had discretion in two respects: (1) the testator's statement was intended to serve as a will, and (2) the testator had discretion as to the content of the will (see: Shaul Shohat, Defects in Wills, Third Edition, Appeal to the Committee, 2016).
- The provisions of section 25 regarding the execution of a will despite a defect or deficiency state as follows:
"Executing a will despite any defect or deficiency in its form