Wills — Israeli Succession Law
Oral Will in Israel
The Deathbed Declaration
An oral will (צוואת שכיב מרע) is a last resort under Israeli law — valid only in the most extreme circumstances and subject to strict requirements. Adv. Liron Elmaliach advises families facing urgent end-of-life situations and helps navigate the legal steps to protect a loved one's final wishes.
When an Oral Will Is Valid
Under the Israeli Succession Law 1965, an oral will is valid only when the testator finds themselves in what the law calls a שכיב מרע situation — that is, the testator genuinely believes they are about to die and there is no possibility of making any written will. This is an extremely narrow window. If any written form — even a handwritten note — could have been made, an oral will may be challenged.
The oral declaration must be made in the simultaneous presence of two competent witnesses. The witnesses must be adults, must not be beneficiaries under the will, and must not be close relatives of any beneficiary. Witnessing one after the other — rather than together — is insufficient and can void the will.
Because oral wills rest entirely on human memory and the integrity of the witnesses, they are the least secure form of will and the easiest to contest in court. Whenever any written alternative is possible — even under difficult circumstances — it is always preferable to use one.
Requirements and Limitations of an Oral Will
After the oral declaration, the two witnesses are legally required to reduce it to writing as soon as possible and deposit the written record with the registrar of the Family Court. The written record must include the date, place, circumstances, and the precise content of what was said. Delay in completing this step is one of the most common grounds on which oral wills are challenged.
An oral will carries a built-in expiry mechanism: if the testator recovers from the condition that triggered the שכיב מרע situation and then has a reasonable opportunity to make a written will but does not do so, the oral will becomes void. This means an oral will cannot serve as a permanent testamentary arrangement — it is valid only if the testator actually dies without having regained the ability to make a written will.
Witness competence requirements are strictly enforced. A witness who is a beneficiary — or a spouse, sibling, parent, or child of a beneficiary — is disqualified, and their presence can taint the entire will. Courts examine these relationships carefully when oral wills are challenged. Adv. Liron Elmaliach can advise families in real time on who may serve as a valid witness in an urgent situation.
Frequently Asked Questions — Oral Will in Israel
Everything you need to know about deathbed wills and their validity under Israeli law
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Adv. Liron Yitzhak Elmaliach — Jerusalem Wills Lawyer