What Is the Difference Between a Will and a Lasting Power of Attorney in Israel?
A Will and a Lasting Power of Attorney (LPA) serve fundamentally different purposes under Israeli law. A Will takes effect only upon death and governs the distribution of an estate. An LPA operates during a person's lifetime — specifically when cognitive capacity is lost — and authorises a designated attorney-in-fact to manage financial, personal, and healthcare decisions without court intervention.
Will vs. Lasting Power of Attorney (LPA) in Israel — Comparison Table
| Comparison Parameter | Lasting Power of Attorney (LPA) | Will |
|---|---|---|
| Activation Trigger | Loss of cognitive capacity during lifetime | Death |
| Financial & Asset Administration | Oversight and instructions covering bank accounts, family companies, and investment portfolios | Distribution of estate assets only |
| Real Estate & Capital Gains Tax | Proactive tax planning to prevent tax incidents during asset management | Protected transfer to heirs and beneficiaries |
| Court Involvement | Online deposit with the General Guardian — no court required | Probate order through the Inheritance Registrar |
Both documents serve distinct phases of estate and incapacity planning. Preparing both together ensures comprehensive protection — during life and after death.
Schedule a ConsultationCan a Person Have Both a Will and an LPA in Israel?
Yes — and it is strongly advisable. A Will and an LPA are complementary, not mutually exclusive. The LPA protects the person during any period of incapacity before death; the Will governs distribution of the estate after death. A common and costly gap arises when individuals prepare a Will but not an LPA, leaving families with no alternative but to pursue a formal Guardianship (Apotrephosut) process through the courts.
What happens to assets in Israel if a person loses capacity and has no LPA?
Without an LPA, the family must petition the Family Court to appoint a legal guardian (Apotropos). The process typically takes 6–18 months, involves ongoing judicial supervision, and significantly restricts the ability to manage assets — including real estate transactions and banking operations. An LPA, signed in advance while the person retains full capacity, prevents this outcome entirely and preserves personal autonomy.
Shoshi Arbib Law Office provides legal and CPA services in Netanya, Kfar Saba, Ra'anana, Herzliya, and communities throughout the Sharon region.
