9 Mistakes I See Again and Again in Israeli Wills

“Only a fool learns from his own mistakes. The wise man learns from the mistakes of others.

- Otto von Bismarck

When it comes to writing a will, there is one problem with learning from your own mistakes: by the time the mistake is discovered, it is usually too late to fix it.

Over the years, I have assisted families with probate proceedings involving Israeli assets. Many of the issues I encounter could have been avoided with a few simple conversations at the planning stage.

In previous articles, I discussed the importance of appointing guardians for minor children and how a properly drafted will can provide guidance to the Court regarding your wishes. Today, I would like to focus on several practical issues that are frequently overlooked.

These are some of the most common mistakes I encounter, and how to avoid them.

1. Keep It Simple A will is generally not the place for complicated language, lengthy explanations, or creative drafting.

   The clearer and more straightforward the document is, the less room there is for disagreement among heirs and the easier it will be to carry out your wishes.

   A well-drafted will should answer questions, not create them.

   
   

2. Consider Whether a Hebrew Will Makes Sense
   

   An Israeli will does not have to be drafted in Hebrew. However, depending on the circumstances, a Hebrew will may sometimes help reduce future translation costs, delays, and interpretation issues.

   Regardless of the language chosen, it is important that the document be properly reviewed and fully understood before signing.
   

3. Think Carefully Before Including Social Security Numbers Many people assume that U.S. Social Security Numbers should be included in an Israeli will. In most cases, however, they add little value for Israeli probate purposes while creating unnecessary privacy concerns.

   Since wills submitted for probate in Israel may become accessible as part of a public legal process, most families prefer not to include sensitive personal information unless there is a specific reason to do so.

   
   

4. Keep Personal Messages Separate
   

   Just as most families prefer not to make Social Security Numbers public, many also prefer to keep personal family messages private.

   Many clients wish to leave personal letters, family stories, words of encouragement, or emotional messages for their loved ones.

   I strongly encourage this.

   In many cases, however, it may be preferable to keep such messages in a separate letter rather than incorporating them into the will itself.

   This allows you to share meaningful personal thoughts with your family while preserving privacy and keeping the legal document focused on its primary purpose.

   
   

5. Think Carefully Before Leaving Assets Directly to Minor Children

   
   

   Two situations arise more often than people expect.

   The first: no will exists anywhere in the world. Under Israeli law, assets do not pass automatically to the surviving spouse. They are divided between the spouse and the children. If the children are minors, their share passes directly to them.

   The second: a will exists, but it directs a portion of the estate to minor children.

   In both cases, the result is the same. Once assets belong to a minor, any significant decision involving those assets requires approval from state authorities (the General Guardian / courts). The surviving spouse cannot sell the property, access the funds, or make meaningful changes without a formal legal process. Even where approval is eventually granted, the proceeds of any sale are deposited into a blocked account in the child's name and remain inaccessible until the child reaches adulthood. The surviving spouse is left with fewer resources and far less flexibility to move forward.

   For families with minor children, these implications are worth discussing before the will is drafted, not after.

   
   

6. Use Proper Identification Details
   

   One of the most common administrative issues I encounter relates to identification.

   When preparing an Israeli will, it is important to include clear identification details for both the testator and the beneficiaries.

   Many foreign residents assume that a Social Security Number is the appropriate form of identification. In practice, however, other forms of identification are usually more useful for Israeli probate purposes.

   For many foreign residents, a passport number will be the primary form of identification available and is therefore commonly used in Israeli wills.

   Some countries issue permanent national identification numbers similar to Israel's Teudat Zehut. Where such a number exists, it may be worthwhile to consider using it, as it remains unchanged throughout a person's lifetime.

   Since passports naturally expire and are renewed over the years, I recommend paying special attention to the next point as well.
   

7. Save Old Passports
   

   If there is one practical tip I wish more people followed when dealing with Israeli assets, it would be this: do not throw away old passports.

   Keep the original passports that were used in connection with Israeli assets or activities, including purchasing real estate, opening bank accounts, signing legal documents, or preparing a will.

   This applies both to the person making the will and to the beneficiaries.

   Years will pass between drafting a will and administering an estate. Having access to those old passports can make it significantly easier to establish identity and connect historical records when the time eventually comes.

   Write your will properly the first time by learning from the mistakes of others.

   
   

8. A Note on the Jewish Halachic Will

   For those for whom it matters, a Jewish Halachic will is worth considering alongside a standard Israeli will.

   Jewish inheritance law follows its own rules of distribution, which may differ from civil law. A properly drafted Jewish Halachic will allows a person to ensure that assets are divided equally among all children, in a way that is recognized under both civil and religious law, and prevents future claims from those who might otherwise argue for a distribution based on Halachic rules alone.

   In my experience, some of the most painful family disputes following a death arise not from the size of the estate, but from disagreements about whether the distribution reflects religious obligations. I have seen families where siblings stopped speaking to one another over precisely this question.
   

9. Don't Forget the Bigger Picture

   
   

   A question I am frequently asked is whether an Israeli will could affect a will, trust, or other planning documents that already exist in a client's country of residence.

   It is an excellent question—and one worth discussing before the Israeli will is prepared.

   Many people already have wills, trusts, or other estate-planning arrangements in place. When preparing an Israeli will, it is important to consider how it fits into the planning that already exists and whether any coordination is required.

   The goal is not simply to have an Israeli will. The goal is to have an Israeli will that works together with your overall planning objectives, both in Israel and abroad.

   A short conversation at the beginning of the process can often prevent significant complications later on.
   

   Final Thoughts
   

   The points above are by no means an exhaustive list.

   Every family is different, every estate is different, and every will presents its own unique considerations. What may be appropriate for one family may not be appropriate for another.

   A will is one of the most important documents a person will ever sign.

   The goal is not merely to have a will — it is to have a will that works when your family needs it most.

   Many probate issues can be prevented through proper planning. By taking the time to consider these issues in advance, you can often save your loved ones significant stress, delay, expense, and uncertainty in the future.

   Sometimes the best way to protect your family is simply to learn from the experiences of others.

   
   

Any topic you’d like me to address? Just let me know! y@epsteinlaw.co.il

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