37. The poskim discuss whether a will that was only written to be recognized by the courts but has no valid halachic kinyanim is also halachically valid. Some say it has no halachic validity whatsoever; one may not collect with it; and if someone collects with it, what he takes is stolen property (Pischi Choshen 4:34).
38. Others say if it was already written, it is valid in the same way one can entrust his estate to a third party, who becomes responsible for the inheritance, and there is a mitzvah to fulfill the deceased’s word (Achiezer 3:34; Binyan Tzion 24; Chashev HaEphod 3:50).
39. Thus, some poskim suggest writing two wills: one that is halachically valid with legitimate kinyanim and one written with a lawyer that is valid in the courts (Minchas Yitzchok 6:164), but they must be coordinated so that there are no contradictions between them. It should say in the halachic will that a legal will was also written and that it should not detract from the force of the halachic will (Mishpat HaTzavaah 1:9:2).
