Halachic mutual wills

As a halachic estate planning attorney, I want to commend the Post on its September 1 article “Mutual wills – what are they and how they can damage your health.”

It was informative and comprehensive, except that it did not address the issue of mutual wills according to Halacha. These cannot be mirror-image or combined into one will and must be accompanied by a husband’s consent, allowing his wife to write a will and give away his assets after her death.

These mutual wills are written in language specific to halacha; take into account the Jewish laws of inheritance, which are premised on intervivos (i.e., an hour before death) gifting; are contractually binding by the execution of a kinyan sudar; and require witnessing by two “kosher” (i.e., males over 18 years old and Torah observant) witnesses.

In addition, given our contemporary litigious times, a halachic prenuptial (i.e., before marriage) agreement – to define the husband’s obligations/or absence of them under the ketuba; the ownership of the wife’s assets acquired before and/or after marriage; and to obviate an agunah situation – is essential. Also, it is sometimes prudent, based on circumstances (to give further enforcement/safeguard of the family’s assets for biologically-related relatives only) to write a halachic postnuptial (i.e., during marriage) agreement while both are still mentally competent. This protects them and/or the surviving spouse against possible duress/manipulation by third parties. TIRTZA JOTKOWITZ Jerusalem