Should I Make a Will in Israel Inheritance Law?

Should I Make a Will in Israel Inheritance Law

This article addresses whether or not one should make a will in Israel and the situations in which it is advisable to make a will in Israel.

This Series of Posts

Our law office specializes in a variety of fields, including inheritance law in Israel. This article is one in a series addressing different aspects of Israel inheritance law, based on the instructions on the Ministry of Justice website under the Registrar of Inheritance Affairs. To read more, see our collection of articles on inheritance issues.

Situations When It Is Advisable to Make a Will in Israel

There are a number of situations where it is highly recommended to have a will. These situations include when one has a common law partner; when the testator wishes to ensure that their estate is passed on in a particular way, especially when it is different from that which is stipulated according to Israel’s succession law (as discussed in our articles on order of heirs and succession law); when the testator wishes to address issues related to a divorced or separated spouse or a single parent family; or in the case of remarriage, among others. We list the various cases in which it is advisable to have a will below along with an explanation for each case.

In the event that one has a common law partner: While common law partners can get rights similar to a married spouse upon the testator’s death, there is a greater burden of proof on the individual to confirm they were a common law partner and maintained a joint household with the testator. Thus, to avoid any arguments upon the testator’s death, it is advisable to discuss and specify what inheritance will go to the common law partner.
In the event that the testator wishes to ensure that their inheritance is divided in a particular way: Israel’s succession law discusses the order in which heirs may receive an inheritance when there is not a will, but in order to ensure that the possible heirs receive the inheritance as the testator may wish, it is best to have a will. Additionally, there are many cases where a testator wishes to give part of their estate to individuals or organizations which are not in the order of heirs or blood relatives as discussed in succession law. Thus, if the testator wishes to leave any of their estate to organizations or individuals who are not related to them, a will is needed to detail and specify this.
In the event that the testator wishes to stipulate how property is used: When the testator wishes to make sure that property is used in a specific way, a will is necessary to ensure who has rights to property and in what way they may use it.
In the event the testator wishes to address issues related to divorced or separated spouses as well as single parent families: Israel’s succession law fails to address cases where there is a divorced spouse, a separated spouse, or a single parent. If the testator wishes to give any of their property or estate to these cases, a will is necessary to ensure that this happens.
In the event that the testator is childless or has a childless spouse: The most direct heirs are blood relations, particularly spouse and children. If the testator has an elderly childless spouse or it seems that their spouse will not have children, it is advisable to make a will to detail where the inheritance will go.
In the event that the testator remarried or has a spouse that remarried and the testator and spouse have their own children: If the testator and first spouse both remarried and each have children of their own, it is advisable to address this issue or avoid complications by having a will and specifying heirs.

If you would like to write a will, we address how to do so while avoiding common errors.