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Five Reasons You Should Make a Will

Michael Decker
Michael Decker

5 Reasons You Should Make a Will

Many people wonder whether or not they should make a will, and far too often, people do not make a will until it is too late.  

This short article addresses 5 reasons you should make a will and links to some of our other articles providing more information on inheritance law in Israel.  

These are a few central reasons it is important to make a will.  If one or more of these five situations apply to you, it is advisable to make a will.

1. You want to ensure that your estate is passed on according to your wish in a way that is simple and easy for your loved ones.  Israel’s succession law stipulates the order of heirs, and in the event you do not have a will, the Israeli registrar of inheritance, and later on the courts, will follow Israeli inheritance law and legal precedent for the division of the estate.  If you wish to specify a different allocation or leave part of an estate to other family members, individuals or institutions, it is essential to have a will to indicate this.

2.  You want to ensure that part of your estate is left to a divorced spouse, a separated spouse or a single parent, or in the event you wish to leave your estate to a remarried spouse with their own children.  Israeli succession law does not address categories for divorced or separated spouses or for single parents, thus if this is relevant for you, it is imperative to have this written in a will.  Also, if the testator and first spouse have remarried and have their own children, it is important to address inheritance allocation clearly in a will to avoid future complications.

3.  You have a common law partner. Israeli law does recognize the rights of common law partners, however there is a greater burden of proof on common law partners as opposed to married spouses.  As previously mentioned, Israeli succession law automatically recognizes married spouses and grants them a portion of the estate in the event that there is not a will.  However, to avoid any arguments or a challenging burden of proof on a common law partner, it is advisable to write a will specifying what part of an estate will be passed to this individual.

4.  You wish to specify that your property is used in a particular way. According to Israeli succession law, without a will, an estate is divided in a particular way, and the resulting use of the property is up to those who inherit it.  However, if you wish that your whole or part of your estate will be used in a certain way or for certain purposes, this must be specified in a will.

5.  You do not have any children or you have a childless spouse.  In Israeli inheritance law, the most direct heirs are blood relations of the testator.  In the event that the testator’s spouse is elderly or without children, it is advisable to indicate inheritance allocation.

If any of these 5 reasons to make a will apply to you, we strongly suggest that you make a will.  As a bonus tip, it is important to ensure that your will is written properly and without errors. In the event it is not, it will be considered null and void.  

It is advisable to take this one-time legal step to write a will to prevent any future arguments and family strife that can result from this unsettled issue.  

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If you have any questions about whether you should make a will or seek assistance doing so, feel free to contact us.

Advocate Michael Decker specializes in Israeli inheritance law and would be happy to discuss this issue with you.

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