Everything you wanted to know about the rights of heirs in transactions and land in Israel

A complete step-by-step guide

Drafting a will When to draft a will Chances of success in opposition to a will Defense of a will Chances of success in lawsuits to revoke a gift Objection to a will Revoking a gift Invalidation of a will Inheritance disputes Choosing an inheritance lawyer Inheritance lawyer Recommended inheritance lawyer

Drafting a will is one of the most important documents we will need throughout our lives. Correct editing of a will can decide the fate of the will.

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Drafting a will When to draft a will Chances of success in opposition to a will Defense of a will Chances of success in lawsuits to revoke a gift Objection to a will Revoking a gift Invalidation of a will Inheritance disputes Choosing an inheritance lawyer Inheritance lawyer Recommended inheritance lawyer

Table of Contents

IntroductionOverview of the importance of understanding the rights of heirs in transactions and land in Israel.
Execution of Inherited TransactionsThe limitation on a testator’s control over their estate post-death.The possibility for a future heir to engage in property transactions.
Distinction Between Estate and Inheritance TransactionsThe complexity of distinguishing between these types of transactions.The importance of legal consultation before proceeding with inheritance-related actions.
Transfer or Encumbrance of Estate SharesThe rights of an heir to transfer or mortgage their share of the estate.Timelines and conditions for such actions, including creditor rights.
Inherited TransactionsThe invalidity of commitments to transfer assets after death, except through a will.The purpose of preserving the heir’s freedom and preventing undue pressure.
Estate TransactionsPermitted obligations to transfer inherited or inheritable property.Limitations on waiving the right of inheritance while the testator is alive.
Registration of Heirs’ Rights in Real EstateThe process for heirs to register their inheritance rights in real estate.Requirements, fees, and the need to verify the testator’s ownership.
Application Process and DocumentationWho can apply and how to submit the registration application.Required documents and the role of legal verification.
Processing of ApplicationsHandling applications submitted manually, by mail, or online.Notification processes for accepted and rejected applications.
Resubmission of ApplicationsProcedures for resubmitting applications with necessary corrections.
Table of Contents

Execution of inherited transactions

A testator cannot direct what will be done with his estate (assets, money, rights, etc.) after his death, except in a will

A future heir may make a transaction in the property that he will inherit

The distinction between an estate transaction and an inheritance transaction may be complex and it is advisable to consult a lawyer before performing any future inheritance action

More Info 6 Everything you wanted to know about the rights of heirs in transactions and land in Israel

Transfer or encumbrance of the part of the estate

  • An heir may transfer or mortgage his share of the estate.
  • The action must be done in writing, in the period of time between the testator’s death and the time of the distribution of the estate.
  • In addition, the heir’s creditors may during this time period submit a request to foreclose the heir’s share in the estate.

Inherited transactions

  • A person’s commitment to transfer an asset from his assets after his death – other than in a will – constitutes an inheritance transaction and is void.
  • The instruction is intended to preserve the person’s freedom to command, and to prevent a situation where due to pressure and distress, an heir will transfer his inheritance, not according to a will.

Estate transactions

  • A person’s obligation to transfer property to another person – which he inherited or will inherit – constitutes a transaction in the estate and is permitted.
  • However, the right of inheritance cannot be waived while the testator is alive, and another person cannot be made an heir other than according to the will.
For more information 3 9 Everything you wanted to know about the rights of heirs in transactions and land in Israel
Customer ActionKey Details
Transfer or MortgageHeirs can transfer or mortgage their estate share.
Time FrameMust be done between testator’s death and estate distribution.
Creditor RightsCreditors can request foreclosure during this period.
Transfer and Encumbrance of Estate Shares

Registration of heirs’ rights in real estate

Heirs who have inherited rights to real estate can register their inheritance rights at the Land Registry Office

Inheritance of the rights can be done according to an inheritance order, a will maintenance order or according to an agreement between the heirs after one of the orders has been issued

Before submitting the application, it must be verified that the testator was indeed the owner of the rights to the land

The application involves paying a fee of NIS 170 (as of 2023)

Heirs who inherit rights to real estate can register their rights at the Land Registry Office (TABO) in whose territory the real estate is registered.

pay attention

  • This page deals with the registration of the rights of real estate registered in the Land Registry Office (TABO).
Customer CommitmentSignificance
Posthumous Asset TransferCommitments beyond a will are void.
Purpose of the RulePreserving heir’s freedom and avoiding coercion.
Inherited Transactions

Target population and prerequisites

  • Those who inherit rights in real estate, according to one of the following:
  • Decree of execution of a will.
  • An inheritance.
  • An agreement between heirs on the manner of distribution of the estate, after a will or inheritance order has been issued.
  • It must be verified that the testator did have rights in the real estate, by producing an online registration draft or producing a signed registration draft at the office where the real estate is registered.

Who and how to apply

  • The application for registration of inheritance rights is submitted to the land registry office where the land is registered.
  • You can locate the relevant bureau by searching by block number or settlement.
  • The request will be submitted in one of the following ways:
  • By mail, addressed to the relevant office.
  • By depositing the file in the relevant bureau during reception hours.
  • Online submission – can only be done by lawyers with a suitable smart card. Online submission will only be possible for inheritance registration in accordance with inheritance orders and testament maintenance orders which have been validated by the registrar of inheritance or a rabbinical court only.
  • The application involves paying a fee of NIS 170 (as of 2023) which can be paid in one of the following ways:
  • When submitting the application online, in which case the fee will be paid by the lawyer submitting the application.
  • Through the government payment service on the Internet, at the payment stations located in the bureau.
  • At a post office, using a payment voucher that can be obtained at the office.

pay attention

  • This page deals with the registration of the rights of real estate registered in the Land Registry Office (TABO).

The steps of the procedure

For more information 4 4 Everything you wanted to know about the rights of heirs in transactions and land in Israel
Customer ActionProcess Details
Registering Inheritance RightsCan be done at the Land Registry Office (TABO).
Methods of InheritanceBased on an inheritance order, will maintenance order, or heir agreement.
Verification RequirementEnsuring the testator’s ownership of the property.
Application FeeNIS 170 (as of 2023).
Registration of Heirs’ Rights in Real Estate

Required documents

  • Application form for real estate registration.
  • The request must be signed by at least one of the heirs, and verified by a lawyer or registrar.
  • If an estate manager is appointed, the application will be signed by him and verified by a lawyer or registrar.
  • An application verified by a consul will not be accepted.
  • If the application concerns different properties registered in the same bureau (for example, two different apartments registered in Rosh Ha’Ain), it is recommended to list all the properties on the same application.
  • If the application is submitted online, it must be accompanied by a written declaration and commitment from an attorney for online submission in order to record transactions and various actions, if there is a problem opening the form, follow the instructions in the manual.
  • If the decree of execution of the will or the decree of inheritance was approved by the registrar of inheritance matters, it is not necessary to attach the decree, but only to indicate the details of the deceased in the application (name and identity card).
  • If the order of inheritance or the order of execution of the will was not approved by the registrar of inheritance matters, but by another competent authority, the original order approved by the competent authority must be submitted.

Types of Transactions

Customer ActionDescription
Making a WillA testator can direct the distribution of assets.
Future Inheritance ActionA future heir may engage in property transactions.
Estate vs. InheritanceConsulting a lawyer is advisable for clarity.
Types of Transactions
  • A faithful copy of the original can be submitted instead of an original order, provided that it is approved by the authority that approved the order (for example, if the order was approved by an authorized religious court, the copy must also be approved by the same court that approved the order).
  • Alternatively, a copy certified by a notary can be submitted. A copy certified by a notary may be more expensive than a faithful copy certified by a competent authority.
  • In case the heirs (or other parties) are partners in the real estate, the sharing agreement between the parties can also be registered.
For more information 1 8 Everything you wanted to know about the rights of heirs in transactions and land in Israel
Eligible ApplicantsSubmission Methods
HeirsSubmit to the relevant Land Registry Office.
Verification MethodsSearch by block number, settlement, or online submission with a smart card
Who Can Apply and How

Processing of an application submitted to the bureau manually or by mail

  • Upon receipt of the application at the relevant land registry office, an action file will be opened.
  • At each end of the case handling phase, an update will be sent to the file submitter via text message or e-mail.
  • The documents will be examined and if the application is found to be valid for registration, the operation will be registered and a confirmation letter will be sent to the file submitter to the e-mail address indicated in the application.
  • If deficiencies are found in the submitted documents, the case will be rejected.
  • A letter of rejection will be sent to the file submitter to the e-mail address he indicated in the application.
  • The file will be kept at the registration office for 7 days during which it will be possible to come and collect the file. If the file is not collected within 7 days, it will be mailed to the applicant’s address.
  • It will be possible to resubmit the application together with the amendments referred to in the rejection letter.

Treatment of an application submitted online

  • After processing at the bureau, a confirmation of the registration of the action or the committee on the postponement of the action stating the reason for the postponement will be sent to the e-mail address specified in the submission of the application.
  • The lawyer identified as the applicant will be able to view the details of the application, the documents submitted by him and the rejection letter or the reason for the delay.
  • The lawyer who submitted the application will be able to submit it again after making the necessary corrections detailed in the echo letter her life or delay.
  • In any case, a new written statement must be attached by the lawyer who submits the request a second time.
Handling MethodsCustomer Notification
Manual, Mail, or OnlineUpdates sent via text message or email.
Valid ApplicationsRegistration confirmation sent to the submitter.
Rejected ApplicationsRejection notifications sent via email.

Securing Your Family’s Future: Trust Rachel Schachar Law & Notary Firm for Inheritance and Wills Expertise

When it comes to navigating the intricate terrain of family law and inheritance matters, you deserve the expertise and guidance of a seasoned professional. Look no further than Rachel Schachar Law & Notary Firm, where our dedicated team of legal experts, led by Rachel Schachar herself, stands ready to assist you in securing your family’s future. With a profound understanding of the intricacies surrounding inheritance and wills, our firm has earned a stellar reputation for providing comprehensive, tailored solutions to our clients. We take pride in simplifying complex legal processes, ensuring your peace of mind during what can be emotionally challenging times. Trust in our experience, commitment, and unwavering dedication to protecting your family’s legacy. Your future deserves nothing less than the expertise found at Rachel Schachar Law & Notary Firm.

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Rachel Rachel Shahar & Co. - lawyers and notary (2004) experts in providing solutions to wills issues and represent companies and individuals before the various legal institutions and in the courts. The firm employs lawyers and notaries with decades of practical experience and provides creative solutions and exceptional results.