Legal Updates

A holographic will must be all written by the testator including the date in his handwriting and a signature

October 23, 2019

A couple prepared a document handwritten by the man and titled “Partnership Agreement”. The document was drafted in the plural language and provided instructions for distributing their property after either or both of them die, all drafted in a language of consent between the parties.
The Court held that the partnership contract cannot be recognized as a will. Israeli law recognizes the validity of a holographic will, as an exception to the rule requiring a will before witnesses, but in order for a handwritten document to be considered a will, it must be completely written by the testator, be signed by the testator and bear a date in handwriting. A holographic will is not required to be made before witnesses, but the required conditions are strictly upheld. While two can prepare a joint will before witnesses, a joint will cannot be by a holographic will. Therefore, the document cannot be considered the couple’s will. Where the document is an agreement to prepare a will, the agreement is illegal and invalid.