Think about this: A decade ago, you put together a will when your life was totally different. It might be the case that you were single or that your assets were much smaller. Right now, you’re married. You’ve bought several properties in Israel. Also, we must say with caution, you aren’t speaking to one of the beneficiaries in that old document.
The truth is quite harsh: simply changing your mind will not make an old will disappear.
By the way, in Israel, if you do not perform certain, lawfully binding actions to cancel the previous document, it is still considered valid. This mistake is the main reason behind the inheritance mess. Inheritance disagreements are on the rise. Research shows that 15% of disputed wills in Israel involve caregiver issues. This is now the most cited topic in studies about elder care and inheritance.
At Segal, Simchauve & Co., this is something that we experience very often. One of our clients takes it for granted that their former instructions are annulled by their new situation. They really aren’t.
We’ll guide you step by step through the Israeli will inheritance revocation process. This process will be secure, lawful, and efficient. You’ll ensure your inheritance reflects your true intentions.
Why “Set It and Forget It” is a Dangerous Strategy
Israel’s economy is strong, on par with other Western countries. Its GDP per capita is between $54,191 $60,009, based on the latest data. In simple terms, the average household is of high value. Keeping your kids unaware of your will is like setting them up for an explosion.
You might need to revoke a will if:
- You Got Remarried: If you compare to some states in the US, in Israel, a marriage will not be considered as an automatic revocation of a will.
- You Separated: It’s surprising that a divorce decree doesn’t cancel a bequest to an ex-spouse in a valid will.
- Capital Changes: You sold the house in Tel Aviv from the will. Then, you bought a new property in Jerusalem.
- Change: You were an expatriate and decided to move your assets to other countries.
Key Takeaway: Never assume the law “knows” your current intentions. If it’s not in writing, it might not happen.
The Legal Framework: Israeli Succession Law of 1965
First, to figure out revocation, you need to know the rulebook: The Succession Law of 1965. This is the main legislation that deals with inheritance in Israel.
What is great about the Israeli law is that it supports the idea of “Freedom of Testation very much”. This is to say that you have the ultimate right to alter your will up to the time of your death. It is not legally possible to enter a contract in which you promise not to change your will; such a contract has no legal effect.
Nevertheless, the law requires that you be very clear if you change your mind. It is not enough to tell a friend over coffee that “the old will is trash.” You have to adhere to certain formalities.
3 Proven Methods to Revoke a Will in Israel
According to Succession Law, three main avenues exist for taking back a will through the revocation of a legal document. We have detailed them one by one in the paragraphs below.
1. Executing a New Will (The Gold Standard)
This represents the most secure and frequent method. Essentially, when you create a new valid legal will, it cancels any old wills that are in conflict with the newly created one.
- Best Practice: It is our standard procedure to incorporate a direct “Revocation Clause” at the very start of any newly drafted will. The typical wording is: “I remove all previous wills and codicils made by me.”
- Why it works: It doesn’t allow for any confusion. The new file is the one that takes over the old one completely.
2. Express Written Declaration
It is not necessary for you to write a new will just to annul your previous one. A paper stating something like “I revoke my will dated [Date]” will be enough.”
- The Catch: The document formalities should be equivalent to those of a will. So, if you signed your original will with two witnesses, you should revoke it with the same formalities. This helps prevent any disputes.
3. Destruction of the Will
If you tear up, burn, or shred the will, the law sees this as you giving up your chance to revoke it.
- The Risk: Doing this is quite risky. How about a case where you have a copy that you didn’t know about? What if a person says it was destroyed by mistake?
- Our Advice: Just don’t depend on the destruction of the file. It is too disorderly, and it allows that an argument that the will is lost, not revoked, can be used by someone.
Quick Comparison: Methods of Revocation
| Method | Safety Level | Pros | Cons |
| New Will | High | clearly states new wishes; explicit revocation clause. | Requires drafting a full new legal document. |
| Written Declaration | Medium | Good if you want to die intestate (without a will) for some reason. | Must follow strict legal formalities; can be lost. |
| Destruction | Low | Quick and immediate. | ambiguous; copies may survive; intent can be challenged. |
The Trap of “Mutual Wills”
If you and your wife agree on a Mutual Will, it usually ensures the survivor inherits everything. However, revoking it isn’t simple.
Succession Law was recently amended, putting restrictions on the different ways by which you can revoke a mutual will:
- While both are alive, notification to your spouse in writing is a must on your part. The mutual will ceases to operate only after they receive this notification.
- After a death, a spouse who is alone typically can’t change the will. But they can if they either give up their share of the inheritance or return what they’ve already received.
Warning: If you try to revoke a mutual will without an Israeli law firm guiding you, do not be surprised if things go financially downhill for you.
International Complications: The Expat Dilemma
At Segal, Simchauve & Co., many of our clients are expatriates. They often have asset portfolios in the US, UK, France, and Israel.
One of the questions we are frequently asked is: “Will my American will automatically cancel my Israeli will?”
The answer is: It depends.
In case your fresh American will mentions “I revoke all wills globally,” it is supposed to revoke your will made in Israel. Presenting a US will in an Israeli probate court can be complicated and slow. It often needs translations, apostilles, and legal opinions on foreign law.
The Pro Strategy:
We recommend having two separate wills:
- An Israeli will that is tailored to your Israeli assets.
- A foreign will for your assets in different countries.
Each will refer to the other but indicate that it only cancels the wills that relate to that particular local court. This is the way your probate in Israel remains quick and simple.
When “Oral” Revocation is Actually Valid
Is it possible to simply revoke a will just by stating so? Typically, No. Nevertheless, there is a small loophole called the “Oral Will” (Shchiv Mera).
If someone is near death or believes they will die soon, they can share their wishes aloud in front of two witnesses. This can, in fact, be a revocation of a previously written will.
The Limitation: It is almost impossible to court a case based on this. The witnesses must write down the statement in a memorandum and submit it to the Registrar of Inheritance as soon as possible. If the testator is still alive for another month, the oral will (and the revocation) is cancelled.
Why You Need a Professional (Don’t DIY This)
Revoking a will looks like it should be as simple as tearing up a piece of paper. However, according to the law, it is a formal legal deed.
If you mess it up, you risk:
- Resurrecting an even older will: Suppose you revoke Will B, but Will C (the latest one) is invalid, then the court might decide to go back to Will A from 20 years ago!
- Intestacy: If you die without a valid will, the state decides how to distribute your assets. This could mean giving them to relatives you haven’t spoken to in years.
At Segal, Simchauve & Co., we are experts in dealing with these kinds of problems. We make sure that your revocation is strong enough so that your current wishes are fulfilled. We handle everything from drafting to court if disputes arise.
What Should You Do Next?
If you’re unsure whether your will reflects your current life or if you’re using a method the court might reject, you need to act. Would you like us to review your current estate plan? We can create a clear, legally binding revocation and a new will to protect your assets.
Get in touch with Segal, Simchauve & Co. We keep your heritage safe and fulfil your wishes, hassle-free and without legal worries.
Frequently Asked Questions
1. Does getting a divorce in Israel automatically revoke my will?
Divorce does not automatically cancel or revoke the will under Israeli law. If you leave assets to your ex-spouse in your will and then get divorced, they might still inherit unless you cancel that will and create a new one.
2. Can I revoke my will by simply tearing it up?
Indeed, tearing up a will frequently leads to the assumption that the person wanted to revoke the will. However, a copy of the will might be found. Also, a court could decide your intention was different. In either case, this could lead to a failure of your wishes. The best way is definitely to write and sign a clear written revocation.
3. Does a new will always cancel an old will?
A new will cancels an old one only if they differ. It can also revoke the old will if it has a clear clause saying so. In case the new will is silent and does not contradict the old one, then both may be considered as one.
4. How do I revoke a mutual will if my spouse is still alive?
A formal written cancellation notice to your spouse has to be sent by you. The mutual will is only considered revoked when your spouse gets this written notice. It is not possible to revoke it in secret.
5. Can I use a foreign will to revoke an Israeli will?
That would be true if the foreign will is valid and cancels all previous wills worldwide. Nevertheless, it is complicated to implement a foreign will in Israel. It is advisable to have a particular Israeli will canceled by a new Israeli will.
