Halachic Wills
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How Can You Make Your Will Halachically Binding?
Yes!
Purpose of a Halachic Will
A Halachic will or Jewish Will ensures your estate distribution complies with Jewish law while respecting your personal wishes, allowing you to create your legacy. Under Biblical law, sons are the primary heirs, and the firstborn son gets a double portion. Daughters receive support, maintenance, and a dowry upon marriage. This may not align with your Jewish giving plans, but there’s a solution.
How It Works
To create your legacy and adhere to Jewish law, use two documents:
- A secular will drafted according to civil law.
- A “Shtar Chatzi Zachor”, a Jewish legal document that allows you to circumvent Biblical inheritance rules without violating them.
The Shtar Chatzi Zachor works by recording a symbolic debt to an heir that activates before death. This debt is waived if the heir follows the secular will. The debt is set higher than the estate’s value, ensuring heirs honor the secular will.
Steps to Create a Halachic Will
- Draft a Secular Will: Outline your estate distribution according to civil law.
- Create a Shtar Chatzi Zachor: Draft this document with rabbinic guidance to ensure compliance with Jewish law.
Your local Orthodox Rabbi will be able to answer any further questions you have about a Halachic Will. Your Rabbi will also be able to take you through the process of creating your own Halachic Will.