Inheritance Law in Israel

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Israeli Inheritance Law

What to do when somebody died in Israel but their heirs are abroad

  • When a person dies, their heirs have to request a probate order. Alternately, if the deceased did not leave a will, the heirs must request a succession order.

    Anybody with an interest in the estate as an heir, estate manager, or creditor can submit a probate or succession order application.

  • To receive a succession order, the deceased’s heirs must fill out a probate order request form. If one of them is abroad, he or she must sign the form in a recognized court or in the presence of a representative of Israel.

    To receive a probate order, a beneficiary according to the will who lives abroad can sign a power of attorney in an Israeli embassy, appointing a lawyer in Israel to submit a probate order request on his or her behalf.

Spouse Rights to the Estate

Common-Law Spouses & Publicly-Known Couples

Under section 57c of Israeli inheritance law, common-law spouses are entitled to alimony of the estate.

“Whether man and woman are living family life in a joint household, but are not married to each other, and one of them have died, and at his/her death, none of them was married to another person, he/she is entitled to alimony of the estate as if they were married to each other”.

The National Insurance Act defines the term “wife” under two cumulative conditions.

  1. At the time of the insured person’s death, the person in question was the insured’s common-law spouse under customary tests, like sharing a life and a common household
  2. At the time of the insured’s death, the person in question lived with him

According to the National Insurance Institute, a common-law spouse is entitled to relative allowance on the condition that they have reported themselves as common-law spouses in order to not create debts.

“Common-law spouses are defined by Social Security Law as married, therefore, Widow/er, if you are living together under one roof with a spouse without a formal relationship, you must report immediately to the National Insurance about your common life. Failure to report may result creation of the debts, which you will be obligated to return.”

Pension rights, provident fund rights, and so on are subject to the regulations of the deceased’s programs. Regulations are very strict and the court tends not to intervene in them. In one case, the supreme court even ruled approving a regulation which declined to give anything to the deceased’s official wife.

Spouses married according to the religious laws “Ke’ dat Moshe Ve’ Yisrael”/”Chuppah”

In the case of couples who have married in Israel according to the laws of Moses and Israel, when one spouse dies and leaves property in Israel or abroad, his widow is entitled to inherit it under law.

Inheritance law in Israel

Notarized Wills

Our firm specializes in notarized wills. The best attorneys in our office, who specialize and work in inheritance law, draft our notarized wills.

Our office’s experienced Wills, Trusts, and Estates Division will prepare clients’ wills in a manner that avoids future legal complications.

Wills are verified by a notary who checks the testator’s legal capacity, or competence under law to make a will, whether the testator is aware of the will’s content, and whether he or she is preparing the document of his or her own free will without pressure or outside influence. In extreme circumstances, we will film the signing of the will in order to prevent future claims by those objecting to the probate of the will.

Our office specializes in providing the following services:

  • Drafting, executing, and verifying notarized wills
  • Drafting, executing, and verifying mutual wills
  • Drafting, executing, and verifying wills before witnesses

In cases where our client is not able or willing to come to our office, we offer at-home notary services. This includes cases such as:

  • Certification and drafting of notarized wills in a nursing home
  • Certification and drafting of notarized wills in a hospital
  • Certification and drafting of notarized wills in the client’s home

Inheritance law in Israel

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