A mutual will is made by a couple and does not require formal marriage. It may be written in one document or separately, provided each document clearly refers to the other.
The Significance of a Mutual Will
The central significance is limiting one party's ability to change the will without notifying the other. The law distinguishes between:
- A partner wishing to change while the other is still alive — must give written notice; the will is revoked when the other party receives the notice.
- A partner wishing to change after the other has died — may withdraw as long as the will has not been executed, but this also revokes the deceased's will. If already executed, they must return to the estate the value received.
How to Revoke a Mutual Will
Written notice: Notify the other party in writing while both are alive — the will is revoked on receipt.
After death: Withdrawal also revokes the deceased's will. If already executed, the survivor must return the value received to the estate.
Advantages: Joint determination of asset destiny; peace of mind regarding inheritance.
Disadvantages: Difficulty changing the will after one partner's death; changed circumstances may require modifications the survivor cannot make.
Can a mutual will be changed after one partner's death in Israel?
Yes, but with significant restrictions. If the will has not yet been executed, the surviving partner may withdraw from it, but this also revokes the deceased's will. If the will has already been executed, the survivor must return to the estate the value of what they received. Changing a mutual will after one partner's death is therefore complex and has irreversible financial consequences.
What form is required for a mutual will in Israel?
A mutual will must comply with the formal requirements of one of the valid will types under Israel's Inheritance Law: handwritten, before witnesses, before authority, or oral. It can be written as one shared document or as two separate documents, as long as each document clearly references the other. Formal marriage is not required for a couple to execute a mutual will.
