A man who was hospitalized for dizziness died 18 days after his release from the hospital. His brothers contended that during his hospitalization he gave them his will orally and they even wrote down his statements.
The Court accepted the objection to the will and held that the document drawn up by the brothers does not meet the requirements of the law to be recognized as a "deathbed will. ” A person standing in the face of death may give his will orally in front of two witnesses who hear him. Under Israeli law the testator’s statements, including the day and the circumstances for the making the will, will be recorded in a memo which will be signed by the two witnesses and deposited by them with the Registrar of Inheritance. Here, the person was hospitalized after he felt dizzy and general weakness while driving, fainted, lost consciousness and had a car accident. At the time of hospitalization there was no apprehension that he might die as a result of his condition and at the time of his statements he was drunk. The memo that was prepared by the brothers raised many questions, as it was not signed by the deceased, even though he was qualified to do so, and was not deposited with the Registrar of Inheritance, as required. Therefore, the memo allegedly documenting the words of the deceased is not a 'will'.