Anyone whose wishes regarding the distribution of their estate differ from the default rules set out in the Israeli Inheritance Law should consider preparing a will. A properly drafted will ensures that a person’s assets are distributed according to their own intentions rather than according to the statutory rules of intestate succession
The following examples illustrate how the outcome may differ when a person dies with or without a valid will.
- Couples in Divorce Proceedings
Couples who are in the process of divorcing—but who have not yet finalized the divorce by obtaining a Get (Jewish bill of divorce)—may face an unintended and often surprising consequence. If one spouse dies before the divorce is legally completed, the surviving spouse may still inherit 50% of the deceased spouse’s estate, simply because the parties remain legally married, even though they may have intended an entirely different distribution of their assets. - Couples Who Have Signed a Prenuptial or Property Agreement
A marital property agreement governs the division of assets only while both spouses are alive and in the event of separation or divorce. Upon the death of one spouse, the Inheritance Law applies instead.
Accordingly, if the parties wish their agreed property arrangements to continue to apply after death, they should incorporate those wishes into a properly executed will. - Leaving the Family Home to a Surviving Spouse
Where a person dies without a will, the deceased’s interest in the family home is generally divided between the surviving spouse and the deceased’s children, in accordance with the Inheritance Law.
If disputes later arise, the children, as heirs, may seek to enforce their legal rights, potentially requiring the surviving spouse to vacate or sell the family home.
This outcome can often be avoided by including appropriate provisions in a carefully drafted will. - Heirs Facing Bankruptcy or Insolvency Proceedings
If one or more statutory heirs are subject to bankruptcy or insolvency proceedings, their inherited share of the estate may become part of the bankruptcy estate and be distributed among their creditors.
A properly drafted will can direct assets to beneficiaries who are not insolvent, thereby helping preserve family wealth rather than allowing it to pass to creditors. - Couples Living as Common-Law Partners
People of all ages may be in a relationship that is legally recognized as a common-law partnership under Israeli law. For inheritance purposes, Israeli law recognizes common-law partners as spouses. Accordingly, where no valid will exists, a surviving common-law partner may inherit a share of the deceased’s estate equivalent to that of a legally married spouse.
If this does not reflect the parties’ intentions, either partner may execute a will clearly setting out how their estate should be distributed upon death.
Every Family Has Different Needs
The examples above are provided for illustrative purposes only. There are many additional circumstances in which preparing a legally valid will is advisable.
Professional legal advice can help ensure that your will accurately reflects your intentions and remains legally enforceable when it matters most.
