Inheritance in Israel is governed by the Succession Law of 1965 (‘Succession Law’). Under the law, a person’s estate passes to his or her heirs upon death. This can happen in two ways: by will or by law. This article will focus on some key issues related to inheritance by will and succession in Israel. See “Israeli Succession Law: Inheritance by Law” for a detailed explanation of inheritance by law in Israel.
The fundamental principle of inheritance is that a person is free to distribute his property as he sees fit. Therefore, the law of succession is subject to the existence of a will. A valid will overrides the default provisions of the law regarding the identity of the heirs and the distribution of the estate. A valid will can even cancel an existing probate order (for example, in cases where the will was discovered only after the probate order was granted).
A will is the expression of a person’s wishes regarding their affairs upon their death. It is not necessarily limited to ownership alone, although the issue of ownership is central. It is a binding legal document. With respect to property, a will can be extremely specific, detailing different instructions regarding property and heirs. It can also be general, outlining only the general limits of its execution.
A will is not subject to obsolescence, and there is no limit to the number of wills a person can create. However, it is important to note that the last valid will (chronologically) is the decisive one, overriding any previous will (unless a court of law determines that the ‘new will’ is flawed to the point of illegality). It is important to ensure that a will is up to date, especially if there are changes, eg marriage, divorce, acquisition of new assets, etc. They have taken place.
The law in Israel recognizes four types of wills:
– Manuscript (article 19 of the Inheritance Law). The handwritten will must be written entirely in the testator’s own handwriting (Warning! A handwritten signature is not enough), and must be dated, also in the testator’s own handwriting.
– In the presence of witnesses (article 20 of the Inheritance Law). This type of will will be made in writing, will bear the date of its composition and must be signed by the testator and two witnesses on that same date. It is recommended that one of the witnesses be a lawyer specializing in wills, to avoid errors in the will that could cause its nullity after the death of the testator.
– In the presence of authority (article 22 of the Inheritance Law). This will may be made in writing or recited orally before a judge, the registrar of estates, a member of a religious court or a notary public. The will must be accompanied by the testimony of the testator that it is indeed his will, and must be signed and authorized by the authority.
– Oral (article 23 of the Inheritance Law). Also known as a ‘deathbed will’, this type of will is only possible if and when the testator is on his or her deathbed, or believes that he or she is facing imminent death (if circumstances lend themselves to this belief) . The will must be made in the presence of two witnesses who understand the language of the testator, and they must also put the will in writing, including its actual content, the date of its drafting and the circumstances that motivated its drafting in such form. The will must then be deposited in the Office of the Registrar of Probate. The oral will is null if the testator lives within 30 days after its granting and the circumstances that justified its granting have passed.
Once done, a will can be deposited at the Probate Registrar’s Office. This is not a required step, but it has important advantages, such as proof of the will’s existence and the assurance that the will will be preserved and not lost. The act of depositing a will with the Registrar is entirely technical: the registrar does not verify or guarantee the validity of the will on such an occasion. Consulting an attorney in such matters is recommended. Furthermore, the contents of the will and even the knowledge of whether a will has been deposited are kept secret, even from the heirs under the will (as long as the testator lives).
An heir or any person interested in the execution of a will can only have it executed through an order of succession, which is granted by the Registrar of Successions. A probate order is an order declaring the validity and authenticity of an existing will. The succession order validates the content of the will and gives it the same legally binding character as a court verdict. The probate order application is published to allow objections to be made to the will.
If the will specifies only some of the decedent’s assets, the probate order will only be valid with respect to the assets mentioned in the will. The succession order does not suffer from obsolescence since it has the same status as a court verdict.
An application for an order of probate must include the following documents:
– Two receipts: proof of payment of the government fee when submitting an application, from the Israel Post Bank.
– A testamentary order application form signed by the sender and verified by a lawyer, notary, judge or the president of the local council.
– Death certificate in original or faithful copy of the original.
– The original will or, alternatively: a separate request to submit a copy of the original will that includes the reasons why the original will cannot be submitted, as well as proof of payment of the government application fee. .
– Notifications to all the remaining heirs notifying them of the Request for Order of Succession, including the signatures of the aforementioned heirs or the confirmation of the delivery of the notifications by certified mail.
It is recommended that you consult an attorney regarding the exact procedural requirements of the probate order application process. In the event that the request for the order is made by a proxy on behalf of an interested party, it must be accompanied by an original Power of Attorney or a true copy of the original.
An application for a testamentary order must be filed in four sets: one original set and three copies.
If the decedent’s place of residence is not Israel, along with the aforementioned documents, the application must include additional documents, including: proof of the existence of assets (such as proof of ownership from a Land Registrar, account authorization active banking, etc.). ). All foreign documents must bear the signature of the Israeli Consulate in the country in which they were made. Documents in a foreign language (other than English or Arabic) must be translated into Hebrew. Translations must be signed by a notary.
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