Guidelines: What to Do – and Not To Do –
When Writing a Will
First and most importantly, we wish a long and happy life until 120, but remember our sages of blessed memory have said that “preparing a will is a blessing for a long life and not a reason to fear the evil eye”.
Please note: As long as you are alive you can change your will without any limitation whatsoever.
To do list
- Be sure the will says what you intend.
- Be precise and accurate, providing clear instructions.
- The date of the actual signature must be stated in the will besides the correct and exact names, I.D. number and address.
- It is advised you sign each page of the will with your ordinary signature and all pages must bear your signature. Sign the will in the presence of two witnesses (at least three people are needed for a will: you and the two witnesses).
- All three of you should remain in the room throughout the entire process of the will signing and make sure the witnesses are capable of seeing you sign the will (they should watch you do so). The will must then be kept in a safe place (could be also in a notary office).
The Witnesses
- They must be able to understand the language of the attestation clause which they sign at the end of the will.
- No beneficiaries or any one married to beneficiaries may serve as witnesses.
- The witnesses must be over 18 years of age.
The Not to do List
- Do not choose your executors as witnesses or the spouse of any executor.
- Do not let copies of the will be distributed among the beneficiaries especially if there are existing conflicts between them.
- Do not give any “unclear” instructions in the will.
Finally, because of the legal difficulties involved in preparing a will it us best to use a professional legal advisor, but not necessarily required. A will could still be “kosher” if you are educated and able follow the law and the regulations.
Sincerely,
Tzvi Szajnbrum, Attorney at Law