Soulless Wills
Abstract
By analyzing wills submitted for execution to Israeli tribunals in the years 2000-2004, this paper offers insights into the process of the legalization of death and family relations. The length, aesthetics, phrasing, and contents of the wills examined are all evidence of a process in which the personal wishes of testators are transformed into a standardized legal document that tells very little about the particular testator. The rarity of cases in which testators do use their wills to disclose personal sentiments and thoughts highlights the neglected potential of wills to constitute a unique, personal, and emotional parting statement. The paper also demonstrates that this potential embodies the different ways in which wills were perceived in ancient times. Inspired by these past and present examples and based on a bifocal relational perception of inheritance, I will argue that lawyers should adopt a broader human understanding of wills and present their clients with the option of leaving behind a will with a soul.