is a legally binding document governed by the Inheritance Law (1965) that specifies how a person's estate is to be distributed after death. Without a valid will, the Inheritance Law imposes a fixed distribution order — spouse, children, parents, siblings — which may not reflect the testator's wishes and can generate family disputes. A properly drafted will can designate heirs, appoint an executor, provide for dependants, and address specific assets such as real estate or a family business. The Law Office of Adv. & CPA Shoshi Arbib drafts wills as part of comprehensive estate and tax planning.
Why Draft a Will?
A will is the most important legal document you can prepare to ensure your estate is distributed exactly as you wish after your death. Without a valid will, your estate will be divided according to the Inheritance Law — and the division may not reflect your true intentions.
What Happens Without a Will?
When a person dies without a will (dying "intestate"), the Inheritance Law determines the order of inheritance: spouse, children, parents, siblings, and so on. This can cause family disputes, delays, and a division that does not reflect the deceased's wishes.
Types of Valid Wills in Israel
- Handwritten will — written and signed entirely in the testator's own hand
- Will before witnesses — signed in the presence of two witnesses who are not beneficiaries
- Will before authority — made before a judge, registrar, notary, or registration officer
- Oral will — for a dying patient only, in the presence of two witnesses
When to Update Your Will?
Under Israel's Inheritance Law (1965), a will can be amended or revoked at any time while the testator retains legal capacity. Each major life event — marriage, divorce, birth of a child, or a significant change in assets or relationships — can alter the practical outcome of your estate distribution. An outdated will may distribute assets to estranged beneficiaries or omit new heirs entirely. The Law Office of Adv. & CPA Shoshi Arbib recommends reviewing your will after each significant life change to ensure your testamentary intentions remain aligned with your current circumstances and relationships.
The Probate Process in Israel
After the testator's death, the will must go through a formal legal process before the estate can be distributed. This begins with a petition to the Registrar of Inheritance Affairs:
- Filing the petition — The executor or an heir submits an application for a Probate Order, attaching the original will, the death certificate, identity documents of all heirs, and a declaration that no other will exists.
- Publication — The Registrar publishes notice in the Official Gazette (Reshumot) and a daily newspaper. A 14-day waiting period allows potential objectors to come forward.
- Objection period — Any person who believes the will is invalid may file a formal objection — for example, on grounds of lack of mental capacity, undue influence, fraud, or failure to meet formal requirements.
- Grant of Probate Order — If no valid objection is filed, the Registrar issues the Probate Order. The estate can then be distributed and assets transferred.
Mandatory Inheritance Share
Israeli law protects a spouse and minor children even when a will exists. Under Section 11 of the Inheritance Law (1965), they are entitled to a mandatory share — approximately half of what they would have received under intestate succession — even if the will attempts to disinherit them. This must be taken into account when drafting the will.
Common Mistakes to Avoid
- Failing to update the will after major life events — A will written before the birth of a child or before a divorce may no longer reflect your intentions.
- Not updating pension and insurance beneficiaries — Pension funds and life insurance in Israel pass to the designated beneficiary, not according to the will. These must be updated separately.
- Storing the will in an unknown location — The Inheritance Registrar maintains a will registry. Filing the will there ensures it is found when needed.
- Using a template without professional review — A will that fails to meet formal requirements — for example, a handwritten will with typed sections — may be invalidated by the court.
Will Registry (Rasham Hatzavaot)
In Israel, you can deposit your will with the Will Registry operated by the Inheritance Registrar. Registration does not affect the will's validity, but ensures it is located after your death — even if not kept at home or with your attorney. Registration is confidential during your lifetime.
What happens to your estate if you die without a will in Israel?
If you die without a valid will in Israel, your estate is distributed under the Inheritance Law (1965) according to a fixed statutory order — spouse and children first, then parents, then siblings and their descendants. This distribution may not reflect your actual wishes: specific bequests to chosen individuals, charitable donations, and protection for dependants outside the statutory order are all impossible without a will. Family disputes and lengthy estate administration delays are significantly more common in intestate estates. The Law Office of Adv. & CPA Shoshi Arbib advises on wills as the foundation of every estate plan.
When should you update an existing will?
Under the Inheritance Law (1965), a will can be amended or revoked at any time while the testator retains legal capacity. Life events that warrant immediate review include marriage, divorce, birth of a child, death of a named beneficiary, acquisition of significant real estate or business assets, and material changes in relationships with heirs. Even without such triggers, a periodic review every few years ensures the will remains aligned with current circumstances. The Law Office of Adv. & CPA Shoshi Arbib offers will reviews as a scheduled advisory service.
Official References: Israel Ministry of Justice — Succession · Israeli Courts Administration · Israel Land Authority · National Insurance Institute of Israel · Israel Tax Authority
Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.
