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A Will In Accordance with Halachah

There are many distinctions between a tzavaah, a will, written according to the Torah and a secular will. According to Torah law, a firstborn son receives double, only biological children inherit not adopted children, only paternal relatives not maternal ones, only sons not daughters (unmarried daughters receive a percentage of the assets, not a regular portion) and spouses do not have equal rights to each other’s inheritance. Husbands inherit from their wives only property that she owned or owned jointly at the time of her passing. The most noticeable distinction, however, is that in a Torah will it is usually necessary to make a kinyan, an actual transaction, with the individual before their passing, and at that time the property is transferred to the heirs, whereas in secular law it is sufficient to make the deceased’s wishes known. There are many myriad details relating to these halachos which are beyond the scope of this article. When writing a tzavaah, it is crucial to do so with the advice of a seasoned rav or a Torah-observant lawyer to ensure that it is done in accordance with halachah. There are halachically acceptable ways that one can grant parts of their inheritance to people who do not inherit according to Torah law. However, one should always ensure that a sizable portion goes to those who are inheritors according to halachah; this as well should be done with the guidance of a rav who has expertise in these matters.