The distribution of inheritance in the absence of a will is defined in the inheritance law as follows:
Inheritance Law in Israel How is inheritance carried out according to law?
Heirs from family members
Legal heirs are:
- He who was his spouse at the time of the deceased’s death;
- The children of the deceased and their descendants, his parents and their descendants, his parents’ parents and their descendants (in this law – the relatives of the deceased).
Their inheritance rights will be as stated in this chapter.
The law of inheritance in Israel states that the heirs if there is no will are those who were the spouse of the deceased at the time of his death, the children of the deceased, his parents, his parents’ parents and their descendants. The inheritance law in Israel gives first priority to the children of the deceased and his spouse who was his spouse at the time of his death. In cases where a deceased person did not write a will before his death, then the inheritance law will determine which of his family members are his legal heirs.
The purpose of the legislator in Israel was to establish rules of inheritance according to law, so that they would be as similar as possible to the way in which most people were interested in dividing their assets after their death.
The law in Israel states that if there is no will then in order to exercise your right to inheritance you must submit an application for an inheritance order, for this purpose you can use the services of an inheritance lawyer.
How does inheritance work in Israel? What is the law in Israel regarding inheritance, who inherits first?
Whoever was at the time of the deceased’s death his spouse, at the time of his death, inherits first – the movables of the house, the car and part of the rest of the estate (determined according to the family relationship of the other heirs). In the following we will expand on what the law of inheritance in Israel stipulates regarding the inheritance of a spouse in Israel.
The Inheritance Law in Israel states that the distribution of priorities is done according to the following criteria:
The order of priorities in inheritance not according to a will in Israel according to will therefore be:
- The children of the deceased – if the deceased’s children died before him, their descendants inherit – his grandchildren, and if they died – his great-grandchildren.
- The deceased’s parents – they inherit the deceased if the deceased left no children.
- If the parents of the deceased are deceased, their descendants will inherit – my brother of the deceased, and if they are deceased – my nephews of the deceased.
The parents of the deceased’s parents (grandparents) – they will be entitled to inherit the deceased only in a situation where the deceased did not leave behind a spouse, parents or siblings. If the grandparents died, their descendants inherit – the uncles of the deceased, and if they died – the cousins of the deceased.
Inheritance Law in Israel What is the law of children born after the death of the deceased?
Children born after the deceased’s death are entitled according to the inheritance law in Israel to inherit him, if they were born within 300 days of the death.
For example, a grandson who was born a year after the death of his grandmother, will not be able to inherit her. A grandson born eight months after the grandmother’s death will be considered her heir for all intents and purposes.
How does inheritance work in Israel
The estate of a person who died in Israel and left behind a spouse and children is divided equally between the spouse and the children and their children.
The estate of a deceased person who left a spouse but no children is divided equally between the spouse and the parents of the deceased as long as they are alive.
If the person who died in Israel left behind a spouse, but did not leave behind parents but only siblings, the inheritance law in Israel states that the estate will be divided 2/3 to the spouse and the remaining 1/3 will be divided equally between the siblings.
When the person who died left no children, siblings or parents, then the spouse inherits the entire estate.
On the other hand, the deceased’s children will inherit the entire estate if the deceased did not leave behind a spouse.
The deceased’s parents, brothers and sisters share equally in his estate only if the deceased left no son or spouse and had no children.
A person who passed away but unfortunately left no children and no spouse, parents or siblings, his inheritance is divided, according to Israeli law, equally between the deceased’s parents and their descendants (the deceased’s uncles).
How does inheritance work in Israel example
A deceased husband left behind a wife, parents and a sister. The wife will inherit the movable property and part of the estate (in this case half). The parents will divide the rest of the estate between them in equal parts (a quarter for each).
Another example of how we will implement the inheritance law in Israel
A widow died and left a brother, one daughter and a grandson from his son who also died. The estate will be divided equally between the daughter of the deceased and his grandson – 1/2 of the estate to each of them.
The Inheritance Law in Israel When does the inheritance pass to the state?
If the deceased has no family members left among those mentioned above according to the law of inheritance in Israel, then all his assets will be transferred to the ownership of the state.
The inheritance law in Israel does not differentiate between men and women and between a child born out of wedlock and a child born out of wedlock.
An adopted child inherits both his parents.
The fact that a child’s parents are not married to each other is of no importance – the blood relation is the determining factor.
The Inheritance Law in Israel What is the inheritance right of a spouse?
The right of inheritance of a spouse
- The spouse of the deceased takes the movables including a passenger car that belong, according to convention and according to the circumstances, to the joint household, and takes from the rest of the estate –
- If the deceased left children or their descendants or parents – half;
- If the deceased left siblings or their descendants or parents – two-thirds, provided that, on the eve of the deceased’s death, the spouse had been married to him for three years or more and lived with him at that time in the apartment included, in whole or in part, in the estate, the spouse will take all the deceased’s share in the said apartment, and two-thirds of the remainder of the rest of the estate;
- If the deceased did not leave a relative from the subscribers in subsection (a), the spouse inherits the entire estate.
- What is due to a spouse based on grounds arising from the relationship of marriage, including what a woman receives according to her written record, will be deducted from his share of the estate; This provision shall not apply to what is due to the spouse according to the Financial Relations Between Spouses Law, 5733-1973, or according to a financial agreement as defined in that law, and does not come to harm the right of a spouse to receive from the estate what the deceased received on the occasion of the marriage in order to Return when they expire.
The order of priority among the relatives of the deceased
The children of the deceased precede his parents, his parents precede his parents’ parents.
The parts of the estate
The children of the deceased share equally between them, as well as the parents of the deceased share between them and the parents of his parents.
Successors of an heir
- The child of a testator who died before him and left children, the children inherit in his place, and in this way children of each of the relatives of the deceased who died before him inherit; These provisions shall not apply when the deceased left a spouse as well as parents or parents of parents as mentioned in section 11(a), or one of these.
- Children who inherit according to subsection (a) divide equally between them what they inherited in this way.
Invalid heir and departed heir
Whoever is found to be ineligible to inherit or who has left his share in the estate not in favor of his spouse, child or brother of the deceased, his share is added to the other heirs according to their shares.
Inheritance by virtue of adoption
- A person who is legally adopted inherits his adoptee as if he were his child, and the children of the adoptee also inherit the adopted child. The adopter inherits the adoptee as if he were his parent.
- The adopted person and his descendants are entitled by law to the estate of the adoptive relatives as if they were heirs, and the adopted relatives are legally entitled to the estate of the adopted person as if they were heirs.
- The adopted and his descendants inherit the relatives of the adopted, the adopted and his parents’ parents and their descendants do not inherit the adopted. However, the parents of the adopted person and the parents of his parents and their descendants do not inherit the adopted person.
The right of inheritance of the state
- In the absence of an heir according to sections 10 to 16, the state will inherit as an heir according to law.
- What the state inherits according to this section will be used for the purposes of education, science, health and relief, however, the Minister of Finance may grant from the assets of the estate or pay, in the area of values of the assets of the estate that came to the state after the settlement of the debts of the estate, a one-time payment or recurring payments –
- The person who caused the death of the deceased was in need of the deceased;
- to a person or corporation whose death was caused by the deceased’s lack;
- To a family member of the deceased or his spouse who is not his heirs according to law.
Wills in Israel How is inheritance carried out according to a will?
The Law of Inheritance Chapter Three establishes the rules for drafting a will
Chapter Three: Inheritance by Will
Sign A: The form of the will
- The forms of the will
- A will is made by hand, with witnesses, before an authority or orally.
- Handwritten will
A handwritten will shall be written entirely in the testator’s hand, bear a handwritten date and be signed by his hand.
- Will with witnesses
A will with witnesses shall be in writing, be dated and signed by the testator’s hand in front of two witnesses after he has declared to them that this is his will; The witnesses will confirm at the same time by signing their hand on the face of the will that the Mitzva declared and signed as mentioned.
- Deposit of will
- Those who made a will in handwriting or with witnesses may deposit it with a registrar for inheritance matters; The deposit will be upon delivery of the will by the testator himself to the registrar of inheritance matters.
- A will that was deposited and kept in escrow according to this section until the testator’s death shall be prima facie evidence that the person named therein as the will made the will and that it was made no later than the day of the deposit.
- This section does not detract from the testator’s right to receive back at any time a will that he has deposited.
- Will before an authority
- A will before an authority shall be made by the testator by saying the words of the will orally before a judge, a registrar of a court or a registrar for matters of inheritance, or before a member of a religious court, as defined in section 155, or by submitting the words of the will in writing, by the testator himself , to a judge or registrar of a court, a registrar for inheritance matters or a member of a religious court as mentioned.
- The words of the will as recorded by the judge, the registrar of the court, the registrar of inheritance or a member of the religious court or as submitted to him, will be read before the testator, he will declare that this is his will, and the judge, the registrar of the court, the registrar of inheritance or a member The religious court will confirm with its signature on the face of the will that it was read and that the mitzva stated as stated.
- If the will was written in a language that the testator does not hear, it will be read to him in a translation into the language he hears, and the translator will confirm this on the face of the will.
- Instead of reading the will or its translation in front of the mitzvah, it can be read or its translation read by the mitzvah himself.
- A will made before an authority is allowed to be deposited with a registrar for inheritance matters.
- A will before an authority will be prima facie evidence that the person named in it as a mitzva made the will and that it was made on the day and place named in it as the day of making and its location.
- For the purposes of this section, notary law is the law of a judge.
Wills in Israel What is an oral will?
- Oral will
- A person who is suffering from evil, as well as a person who sees himself, under circumstances justifying it, facing death, may testify orally in front of two witnesses who hear his speech.
- The words of the mitzvah, specifying the day and the circumstances for making the will, will be recorded in a memory of words that will be signed by the two witnesses and deposited by them with a registrar for matters of inheritance; Such registration, signature and deposit will be done as soon as possible after they can be done.
- An oral will is void one month after the circumstances that justified its making have passed and the mitzva is still alive.
- Invalidity of witnesses
A minor and those who have been declared incompetent are not qualified to witness the making of a will according to this article.
- Existence of a will despite its defect or lack of form
- The basic elements of the will were met, and the court had no doubt that it reflected the free and true will of the testator, he may, in a reasoned decision, uphold it even if there was a defect in one of the details or in the procedure from the procedures detailed in sections 19, 20, 22 or 23 or in the qualifications of the witnesses, or in the absence of any detail from the details or procedure from the aforementioned procedures.
- In this section, the “basic elements of a will” are:
- In a handwritten will as stated in section 19, the entire will is written in the testator’s handwriting;
- in a will with witnesses as stated in section 20 – the will is in writing and the will was brought before two witnesses;
- in a will before an authority as stated in section 22 – the will was pronounced before an authority or submitted to the authority, by the testator himself;
- In an oral will as mentioned in section 23 – the will was said by the testator himself in front of two witnesses who heard his speech while he was lying down or when he saw himself, under the circumstances justifying it, in the face of death.
What is the law in Israel regarding wills? And how do we write a will in Israel – remember the rule of freedom of decision in writing a will
The main principle expressed in the law of inheritance is the will of the testator. As mentioned, the testator is the person who writes the will, i.e. the testator. The law guarantees that the testator who writes his will, will have the freedom to be the sole determiner in all matters of the will, from the sincere will to the team to the content itself. The rules that appear in the law are intended to protect the mitzvah from pressure and external influences, which may lead to decisions that do not reflect his free will.
These rules, which we will list immediately, are valid for all four types of wills in the State of Israel:
- Handwritten will
- Will with witnesses
- Will before an authority
- Oral will
What is the law in Israel regarding wills? And how do we write a will in Israel? How do we do it correctly? The first rule: freedom to the team
Any person may command, change and revoke his will as he wishes and without obligation.
In order for the will to be valid, the mitzvot must draw it up and sign it in an orderly and legal manner, and only this document will be decisive, since any statement or expression on the subject is not legally valid.
What is the law in Israel regarding wills? And how do we write a will in Israel, the second rule: the will is a personal act
A will is obliged to be written exclusively by the mitzvot himself, so that his exclusivity over his will reflected in the document is guaranteed.
No other person should be involved in the writing of the will, otherwise this is external interference.
The stipulation that appears in the will and transfers the right to choose, the authority or the decision in a certain matter to another person, will be canceled and should not be followed.
The mitzvot must specify precisely all the details of the inheritance of his estate and not grant any authority over the selection of the heirs, the division among them, etc.
What is the law in Israel regarding wills? And how do we write a will in Israel, rule three: elimination of external influences
The Inheritance Law cancels any provision that appears in a will made under external influence, including trickery, fraud, threats, rape and unfair influence. This is another legal mechanism designed to ensure that the will reflects the true will of the mitzvot.
In order for this mechanism to be activated, a direct connection between the external influence and the written instruction that needs to be canceled must be proven.
In the case of trickery and fraud, the court will have to determine – in each case on its merits – whether the mitzvah was indeed carried out and hence its instructions.
What is the law in Israel regarding wills? And how do we write a will in Israel, how do we do it correctly and definitions of heirs in the will
The legislator recognizes the fact known to all of us and that is that life is dynamic. Therefore, there are different definitions of heirs, which allow the mitzvot to write his will for his heirs so that it also fits future circumstances.
Also, another way to influence the mitzvot on the nature of his will is to write the conditions for its implementation, of course as long as they are reasonable and not invalid. In cases where the court finds the conditions unreasonable, they will be canceled. This is also another reason for the necessity of legal support by an expert wills lawyer.
What is the law in Israel regarding wills? And how do we write a will in Israel? How do we do it correctly? We will list the definitions of heirs according to the inheritance law:
- Heir instead of successor
If for some reason, the heir defined in the will will not be able to inherit (disqualification of an heir, waiver, death before the mitzvah), an alternative heir will be able to inherit in his place, which will of course be defined by the mitzvah.
- Heir after heir
A definition according to which the mitzvot may designate a second heir to his estate in addition to the first one, who will receive the inheritance after the first one has already inherited it from the mitzvot.
The mitzvot can define a condition, a deadline or specify that after the death of the first heir, his estate will pass to the second.
- A contingent heir rejects
This rule states that receiving the heir’s share in the estate will be conditioned on a certain event, and until the condition is fulfilled, their share in the estate will be managed by the estate manager. If the condition is not met, the heirs will be entitled according to law.
- Conditional heir ceases
This heir receives his share of the estate but must meet the condition set by the will in order for it not to be taken from him. The condition can be a certain event that will happen and negate his right to network or a certain deadline.
If the event does happen, i.e. the condition is met, the mitzvot can determine to whom the share will go. Here too, if he does not designate another heir, the heirs will inherit according to law.
- Heir obliged to speak what
With the help of this rule, the mitzvot may bind his heirs to a certain matter such as maintaining a business, earmarking funds for a certain purpose, etc.
What is the law in Israel regarding wills?
And how do we write a will in Israel, how do we do it correctly, who are the heirs according to law As we reviewed in previous articles as well as in this article, there are situations in which a person’s estate is bequeathed to his heirs according to law. For example when a person does not write a will or when the definitions of heirs stipulated in his will are not met. This is actually the default established by the law for managing estates that have not been ordered.
A person’s heirs according to law are his relatives according to familial kinship, and their order is defined according to the rationale that the greater their kinship to the deceased, the more he would like them to receive from his estate.
Below is the order of heirs according to law as stipulated by the Law of Inheritance:
- the spouse
- The testator’s children, if deceased – his grandchildren, if deceased – his great-grandchildren
- His parents, if they died – his brothers, if they died – his nephews.
- His parents’ parents, if they are deceased – his uncles, if they are deceased – his cousins.
Of course, each step is conditioned by the fact that the steps above it will not exist. That is, there are no relatives left from those steps.
The determination also applies to unmarried couples and adopted children. If there are no relatives left for the deceased – his estate will be transferred to the state. The state may use the estate only for purposes that are for the public welfare such as education, science, health and relief. Within this, the executor has the right to grant from the estate to a person or corporation that is not defined as an heir by law.
The manner of distribution of the estate among the heirs according to law is determined according to the next of kin, and in each case the division is detailed in the law.
What is the law in Israel regarding wills? And how do we write a will in Israel, how do we do it correctly, rules regarding the winners according to a will
The legislator proceeds from the assumption that a mitzvot, the very act of writing the will, would not have chosen the default which is the distribution of his estate to his heirs according to law.
Also, there are certain situations or cases, where the mitzvot is interested in a certain distribution but did not define it in his will until the last precise details.
Therefore, as an additional principle intended to ensure that the will is carried out as much as possible in accordance with the free and exclusive will of the mitzvot, additional rules were established regarding the beneficiaries according to a will:
- Heirs whose share in the inheritance has not been determined
Heirs specified in the will, but the level of division among them has not been determined, will divide the property or property assigned to them equally.
- An heir who died before the testator
In the event that an heir specified in the will dies before the death of the mitzvah, and the mitzvah did not define an heir instead of an heir, his share in the estate will be transferred to his executor, and if there are none, his share will be divided among the other heirs.
- An invalid heir and an heir who left
In a situation where an heir according to a will is found to be ineligible to inherit or chooses to leave his share of the estate which is not for the benefit of the other heirs according to law, the provision regarding him is cancelled.
What is the law in Israel regarding wills? And how do we write a will in Israel, how do we do it correctly, rules regarding assets in a will
In addition to all the rules mentioned, which aim to protect the wishes of the testator, the law specifically specifies how assets whose bequests are not accurately recorded in the will document will be managed:
- The state of the property at the time of the death of the mitzvot, is the state in which the heir will receive the property, and he may not demand from the other heirs the disposal of any encumbrance if any.
- 2. If at the time of the testator’s death, the bequeathed property was no longer in his possession, the specified heir is not entitled to compensation for this.
- 3. Until the testator’s death, the profits generated by the property are associated with his general estate. Upon his death, the profits belong to the winner of the property itself.
- 4. If the mitzvah bequeathed an asset that is not specifically defined, the heir to whom the asset is transferred is entitled to an average value property among all the assets of the mitzvah.
- What is the law in Israel regarding wills? And how do we write a will in Israel? How do we do it correctly? An inheritance that passes to the state without heirs
- As stated, the estate of a person who did not leave a will and died without heirs according to law, will pass to the state and will be used according to the purposes set forth in the inheritance law.
- What is the law in Israel regarding wills? And how do we write a will in Israel? How do we do it correctly?
- The deed of endowment is a person’s way of designating his assets for some purpose or to some beneficiaries while he is alive, unlike in a will that will be realized only after his death.
- The deed is a document signed before a notary, which details the purpose for which the property is dedicated, the body that will benefit from it, and the trustee – whose role it is to verify the existence of the endowment in accordance with the will of the dedicator.
- Endowment of assets for a purpose that is public is called a public endowment.
- Protecting a will How to do it right Public endowment
- The purposes for which a person can dedicate his assets while alive through a public endowment are: culture, science, education, religion and charity.
- The rules of the deed of endowment also apply to a public endowment since it is a deed of endowment for everything. Although, in a public endowment, reprimanding duties apply to the trustee of the endowment such as financial reporting and other duties that the court may determine.
Who are we and why should you contact us in matters of family, inheritance and divorce?
Attorney Rachel Schahar, a family attorney for inheritance and divorce matters, heads the office of Attorney Shahar, which is considered one of the top boutique law firms in Israel.
The office she founded in 2004 and since then has grown and developed and today provides a variety of services including.
The firm collaborates with a team of external consultants in the field of economics and actuarial in order to provide a full envelope service. Attorney Rachel Shahar, who is considered an authority in the field of family law and inheritance, since her certification has managed hundreds of complicated cases in the field of family law and inheritance while making a first-rate attempt to bring the parties to solutions without reaching to the walls of the court.
After her certification as a member of the Bar Association, Attorney Rachel Shahar volunteered in many volunteering frameworks and provided legal advice at the WIZO branch in Savion as well as at the Shil branch in Yehud.
Family Law and Inheritance Attorney Rachel Shahar has written and continues to write many articles in the field of family law and is a moderator in the “Expert Studio” program.
There can be no dispute that a lawyer for family inheritance and divorce matters will accompany you in a procedure which is complex both emotionally and professionally. One of the things I recommend my clients do is to read recommendations on the Google network about a lawyer, a lawyer for family inheritance and divorce matters that you wish to consult with. The Google network publishes customer reviews only if the customer has a recognized Google account, so you can know that the review is authentic.
Only after you have chosen a number of lawyers who seem to be able to handle the case, it is recommended that you first go to the lawyer’s website and read what he has written on family and inheritance matters.
Finally, it is certain that you must call and set up a consultation meeting so that you can get an immediate impression of the inheritance and wills lawyer, his personal and professional abilities as well.
Lawyer for family inheritance and divorce matters Notary Rachel (Rachel) Shahar is known for her uncompromising professionalism and comprehensive understanding of the prevailing legal atmosphere as well as her personal attitude towards the client and her humanity.