How to execute a will that will hold up legally and halachicly.

As it is well-known, that according to Jewish law there are many strict rules for wills and inheritance (Yerusha in Hebrew). The basic rules that people commonly wish to circumvent are the requirement that a man’s sons are his sole heirs, and the bechor (legal firstborn) would receive a double share. Wives and single daughters receive living expenses from the male heirs, although to fully comprehend these divisions requires much scholarly study and is beyond the scope of this article.

The issue with writing a simple will that allows the wife to inherit fully, or all children to receive equal portions, is that the contract does not take effect until after death, at which time a person has no authority to make monetary transfers according to Jewish law. The Rabbis therefore advise a method to enable a will that accords with halacha and will be upheld in Beth Din. There are three basic steps to the procedure:

Are Beth Din Arbitration Clauses Invalid?

      Under Orthodox Jewish practice, a Jew is not supposed to sue another Jew in secular courts. Instead, they are to arbitrate their disputes before a Beth Din, which is an arbitration panel of rabbis. In order ensure that the parties will follow this rule an arbitration clause is included in a contract. Most of these are extremely basic. The Beth Din of America, in its sample arbitration provision simply states that any controversy arising out of the contract shall be settled before the Beth Din of America in accordance with their rules and that any award may be entered in any court having jurisdiction. Apparently the assumption is that anyone entering into this agreement knows what a Beth Din is. At least in New Jersey, this clause and others like it is invalid and unenforceable.