Wills and Probates

When a person dies, and that said person has left no will , a probate to his estate will be given according to the provisions of the Inheritance Act, and the identity of the heirs and their share in the estate is done by inheritance rules as specified by law.

The rules of inheritance according to law determine (in the classic case in which the deceased had a spouse and children at the time of his death) that the spouse (including common law spouses) inherit half of the estate, and his children inherit the other half (in equal shares).

The rules of inheritance by law also refer to other cases, such as:

– In the event that a person dies having a spouse, no children, and one sibling – the spouse inherits 2/3 of the estate, as well as the apartment and the deceased’s car, and the sibling inherits the rest.

– In the case of a person who died and had children but did not have a spouse – his children will inherit all the rights in the estate, to be equally divided between them.

For the purpose of distributing the estate, one must file for a probate. However, in order to avoid an inefficient distribution of the rights to the estate, which may result in undesirable partnership in assets and / or unnecessary tax payments, it is advisable to contact an attorney specializing in inheritance law for consultation and,  who will help to properly divide the estate, quickly and without creating unnecessary tax liability, with a legally binding heir’s agreement.

If you wish to prevent a situation in which your estate is divided according to the provisions of the Inheritance Act, you must draw a will in one of the forms recognized in the Inheritance Act, and assign your estate to whomever you so desire.

Take notice– A late in life relationship,  may mean that your children from your first marriage will be left out of half the rights to your estate. If you find yourself In such a relationship (even if you do not live permanently with your late in life spouse), you must draw a will that will set your affairs in order, and prevent your loved ones from embarking on an estate battle after you’re gone.

The Freedom to draw a will in Israel is almost absolute, but the Inheritance act requires meticulous formal requirements that must be observed when drafting a will, and comprehensive and personally suited legal advice can help draw a will that takes account of tax considerations and  will help you make sure your final wishes will come to term.

Spouses who wish to ensure that the surviving spouse can make use of the joint property accumulated during their marriage and to later  bequeath it to their children may draw a joint reciprocal will , and doing so correctly  will allows maximum flexibility for the surviving spouse , on the one hand, while taking care to minimize as much as possible, the fear that a later relationship would result in the dispossession of the children of the original parties , on the other hand.


The contents of this website are general information only and do not constitute nor substitute for specific legal advice

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