is a joint testamentary document executed by two people — typically a married couple — setting out an agreed estate distribution. Under the Inheritance Law (1965), the surviving testator's right to modify the will after the first death depends on the specific language used: if the will was made under a binding non-revocation agreement, courts may restrict future changes. Careful drafting is essential to clarify each party's post-death obligations and rights. The Law Office of Adv. & CPA Shoshi Arbib drafts mutual wills as part of integrated estate planning for couples.
What Is a Mutual Will?
A mutual will (Tzavaah Hadadit) is a will made by two people — typically a married couple — whose provisions are interconnected. Each party leaves assets to the other, and both wills are made on the understanding that the other will do the same. Israeli law gives the surviving partner significant protection after the first death.
The Problem: Restriction After Death
Under Section 8a of Israel's Inheritance Law, if a mutual will was made with the intention that neither party could revoke it after the other's death, the survivor is legally bound by its terms. Attempting to make a new will that contradicts the mutual will may be challenged by the original beneficiaries (usually the children).
How Mutual Wills Commonly Work
The typical structure: each spouse leaves everything to the other. After both die, assets pass to the children equally. This sounds straightforward but creates complexity if the surviving spouse remarries, has new children, changes financial circumstances, or simply wants to change the distribution. Legal advice before signing a mutual will — and clear documentation of the parties' intent — is essential.
Can a surviving spouse change a mutual will after the other spouse dies?
Whether the surviving spouse can revoke a mutual will in Israel depends entirely on the drafting. If the will was accompanied by an explicit binding non-revocation agreement, Israeli courts will enforce it accordingly — potentially restricting the survivor's freedom to modify the distribution after the first death. If no such agreement exists, the survivor retains the full right to revoke. This distinction is legally critical and can result in fundamentally different outcomes for the same family structure. The Law Office of Adv. & CPA Shoshi Arbib drafts mutual wills with explicit clarity on post-death revocation rights.
What is the problem: restriction after death?
Under Section 8a of Israel's Inheritance Law, if a mutual will was made with the intention that neither party could revoke it after the other's death, the survivor is legally bound by its terms. Attempting to make a new will that contradicts the mutual will may be challenged by the original beneficiaries (usually the children).
Official References: Israel Ministry of Justice — Succession · Israeli Courts Administration · Israel Land Authority · National Insurance Institute of Israel · Israel Tax Authority
4 Steps to a Valid Will in Israel
- Initial legal consultation — Meet with a specialist inheritance attorney to review your assets, pension rights, and intentions.
- Choose the type of will — Handwritten, witnessed, authorised (before a judge or notary), or oral — each has distinct legal requirements under the Inheritance Law 5725-1965.
- Draft and sign — The will is drafted to meet statutory requirements and signed in the presence of two independent witnesses who are not beneficiaries.
- Deposit for safekeeping — Lodge the will with the Registrar of Inheritance Affairs for official registration and legal validity.
Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.
