Making a Will Before a Notary During the Coronavirus Emergency

In view of the coronavirus crisis, the Ministry of Justice published draft regulations easing the requirements for notaries in Israel to authenticate a will without the testator being in the same room, using technology such as a video call. For three months, the proposed regulations would allow “a will to be made before a notary by technological means, provided the notary considers their use justified by the coronavirus crisis, that they do not impair the ability to establish the testator’s legal capacity and free will, and after being satisfied that the testator fully understands the act’s meaning.”

The Proposed New Regulations

The Ministry of Justice explains: “Under the Notaries Regulations, a notary must establish the testator’s identity and examine testamentary capacity and free will, as specified in regulation 4.

Coronavirus restrictions have made wills before an authority difficult: courts, religious courts and inheritance registrars are not providing this service. Restrictions on movement and activity also make wills before a notary difficult.

It is proposed to allow testators within Israel to make a will before a notary using technology, subject to audiovisual recording of its execution, documenting the substantive parts of the online meeting alongside certification of the will. This recording is not part of the will but an evidential aid that the notary must retain reliably and securely in case it is needed.”

A. Shiloh & Co.’s Inheritance and Family Law Department

The firm of A. Shiloh & Co. Law Offices specializes in all types of wills, including notarial wills, and has used advanced technology for many years.