Wills & Inheritance – Legal Articles

Israeli inheritance law is governed by the Succession Law of 1965, which determines who inherits, in what proportions, and under what conditions a will is legally valid. When a person dies without a will, the estate passes to heirs according to a fixed statutory order: spouse, children, parents, siblings, and beyond. Israel does not impose an inheritance tax — abolished in 1981 — but capital gains tax obligations may arise if inherited real property is subsequently sold. Estate administration typically involves court proceedings, creditor notification, and the formal transfer of assets to the rightful beneficiaries.

What Is Israeli Inheritance Law?

Israeli inheritance law governs how assets pass after death. A will allows a person to determine the distribution of their estate, while in its absence the Succession Law applies.

What is the difference between a will and a probate order?

A will is a document in which a person specifies how their estate should be distributed after death. A probate order (tzav yerusha) is a court decision establishing the legal heirs of a person who died without a will, according to the Succession Law.

Estate administration, executor appointments, and inheritance disputes all require professional legal guidance. The articles below cover key issues in this field for residents of Netanya and the Sharon district.

Can a will be contested in Israel?

A will can be contested on grounds including lack of mental capacity, undue influence, formal defects in execution, or coercion. The Family Court has jurisdiction over will disputes in Israel.

Opening an estate proceeding requires an application to the Family Court — either for probate of a will or for an inheritance order. Required documents typically include a death certificate, identity documents, and records relating to estate assets. Creditors and third parties may also file claims against the estate, making formal estate administration an important safeguard for all heirs.

What does an estate administrator do?

An estate administrator is appointed by the court to manage the deceased's assets, settle debts, and distribute the remainder to heirs. The appointment is made through a court application.

When a person dies without a will, the Succession Law establishes a fixed order of heirs: the spouse, children and their descendants, then parents, siblings, and further relatives. Each heir receives a defined share of the estate as set out by statute. Legal recognition of inheritance rights requires obtaining a formal inheritance order from the court.

Is there inheritance tax in Israel?

Israel abolished inheritance tax in 1981. Receiving an inheritance does not trigger a tax obligation under Israeli law. However, if inherited real property is subsequently sold, capital gains tax (mas shevach) may apply, subject to applicable statutory exemptions. Assets held abroad that form part of an Israeli estate may also be subject to the tax laws of the relevant jurisdiction.

What are a surviving spouse's inheritance rights under Israeli law?

Where there is no will, Israeli succession law grants the surviving spouse a share of the estate alongside other heirs, including children of the deceased. The exact proportion depends on family composition and the number of children. The surviving spouse also holds a statutory right to continue residing in the family home. The applicable rules vary according to estate structure.

Wills & Inheritance – Legal Articles

Official References: Israel Ministry of Justice — Succession · Israeli Courts Administration · Israel Land Authority · National Insurance Institute of Israel · Israel Tax Authority

4 Steps to a Valid Will in Israel

  1. Initial legal consultation — Meet with a specialist inheritance attorney to review your assets, pension rights, and intentions.
  2. Choose the type of will — Handwritten, witnessed, authorised (before a judge or notary), or oral — each has distinct legal requirements under the Inheritance Law 5725-1965.
  3. Draft and sign — The will is drafted to meet statutory requirements and signed in the presence of two independent witnesses who are not beneficiaries.
  4. Deposit for safekeeping — Lodge the will with the Registrar of Inheritance Affairs for official registration and legal validity.

Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.

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