Topics
The Inheritance
The Heirs
General
Capacity to Inherit
People
Associations
People Disqualified from Inheriting
Beneficiary's Relinquishment of Inheritance
Deals
Heir's Rights - Deals
Future Inheritance - Deals
Sequence of Deaths
Inheritance Under Law
Heirs According to Law
Spouse's Inheritance Rights
Spouse's Rights in Family Home
Order of Preference
Heirs' Shares in Inheritance
In Heir's Place
Disqualified Heir
Heir Who Relinquishes Inheritance Share
Inheritance Through Adoption
The State's Right to Inherit
Wills
Introduction
Forms of Wills
Handwritten Will
Will Before Witnesses
Deposit of Will With Judicial Authority
Will Before Judicial Authority
Oral Will
Disqualified Witnesses
Subject of the Will
Negative Will Instructions
Testator
Legal Capacity to Bequeath
Freedom to Bequeath
Will – Personal Act
Delegation of Authority in Will To Choose Heir
"No - No's"
Will - Undue Influence
Illegal Will
Will in Favour of Witnesses
Cancellation
Cancellation of Will By Testator
Cancellation of Part of Will
Non-Cancellation of Faulty Will
Interpretation/Probate
The Need for Probate
Will According to Law
Interpretation of the Will
Author's Mistake
Unclear Will
Validating Faulty Will - General
Validating Faulty Handwritten Will
Validating Faulty Will Before Witnesses
Validating Faulty Will Before Legal Authority
Validating Faulty Oral Will
Heirs/Beneficiaries
Heir Instead of Heir
Heir After Heir
Heir - Delayed Condition
Heir - Terminating Condition
Heir's Obligations
Beneficiaries Whose Shares Have Not Been Set
Beneficiary Who Dies Before Testator
Beneficiary Who Relinquishes His Share
4.37 General - Heirs & Beneficiaries
Disqualified Beneficiary
Estate/Parts
Part of Unspecified Property
Estate - Share and Part
Part of Specified Property
Joint/Mutual Wills
Cohabitees - Quasi-Will
Heirs' Maintenance
Eligibility
Right to Maintenance
Limits of Right to Maintenance
Order of Priority Amongst Those Entitled
Maintenance Rights-Deals
Expenses-Acquiring Occupation
Setting Maintenance
Applying For Maintenance
Ways of Supplying Maintenance
New Facts And Changes in Circumstances
Enlarging Estate For Maintenance Purposes
Inheritance Order
Declaration Concerning Rights of Heirs
Filing Objection to Inheritance Order
Granting of Inheritance Order By Court
Evidence
Contents of Inheritance Order
Validity/Change/Cancellation
Force of Inheritance Order
Changes After Deceased's Death
Amendment/Cancellation of Inheritance Order
Purchaser's Defence of Good Faith
Expenses
Managing Estate
Steps To Protect Estate
Executor of Estate
Appointment of Executor of Estate
Qualities Required For Appointment As Executor
Role of Executor
Powers of Executor
Ending of Executor's Appointment
Executor's Fees
Testator's Instructions to Executor
Court's Instructions For Management of Estate
Creditors/Debts
Estate Property-Receivership
Inviting Estate's Creditors
Payment of Estate's Debts
Guaranteed Debts
Expenses of Managing Estate
Estate Debts-Order of Priority
Debts-Clarification and Payment
Bankruptcy of Estate
Dividing Estate
Introduction
Time for Dividing Estate
Subject of Division
Several Heirs
Accommodation and Support - Interim Period
Types of Division
Division According to Court Order
Division According to Agreement
Division By Heirs
Amendment of Division
Additional Division
Type of Property
Division-One Property For Another
Property Which Cannot Be Divided
Agricultural Farm
Family Home
Liability
Responsibility For Estate Property
Heir's Responsibility-His Share
Heir's Responsibility-Whole Estate
Heir's Responsibility-Special Cases
Law of Transfer/Mortgage of Inheritance Share
Exemption From Responsibility
Division of Debt Burden Amongst Heirs Themselves
Responsibility of Heir To Portion
International Dimension
Deceased's Domicile
Jurisdiction of Courts in Israel
Choice of Law
Law of Specific Property
Capacity to Make a Will
Form of Will
Foreign Law
Foreign Law Refers to Other Law
Foreign Law - Not Needed
Exceptions to Contents of Foreign Law
Other
Soul Heir
Inheritance In Special Circumstances
Law of Payments According to Insurance
Respect For Principles of Family Law
Court With Jurisdiction
Appeal Over Inheritance Registrar's Decision
Parties to Hearing
Guardian In Inheritance Matters
Religious Courts And Jurisdiction
Wills Made Prior to Inheritance Act
Taxation on Sale of Inherited Apartments
Heir's Responsibility-Whole Estate
Inheritance
Forum Questions
Limit Of Liability – Division Not According to Law
What is the limit of the heirs' responsibility for the deceased's death, where the division is not made according to inheritance law?
Where the division of the estate is not made according to the Inheritance Act of 1965 the heirs could find themselves responsible for estate debts up until the value of the whole estate at the time of the division.
Creditor's Choice Re Debt Recovery
What restrictions are there regarding a creditor's choice of heir/s from whom he can recover debts?
A creditor is not restricted, and can sue all the debt from one particular heir, and does not have to bring action against all the heirs.
Option For Heir Who Pays Creditors
What options are available to an heir who pays off estate debts to the deceased's creditors?
An heir who paid off estate debts to a creditor is entitled to demand that the other heirs participate in the payment.
Risk - Heir Who Can't Prove Value of Inheritance
What risks does an heir who cannot manage to prove the value of the inheritance he receives , run?
He/she runs the risk of being exposed to unlimited liability for estate debts.
Creditors Not Invited
What happens if the estate is divided without the debts known at the time being paid and without the creditors being invited to put in their claims?
Each heir will be responsible for the debts up to the value of the whole estate.
Heir Ignorant of Debt
If the heir did not know that a debt owed to a creditor existed when the estate was divided, will he still bear responsibility regarding the whole estate?
No, if he can prove that he did not know of the debt when the estate was divided, his liability will be limited up to a maximum equivalent to his share of the estate.
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Value of Estate
Who bears the burden of proving the value of the estate or what an heir received from it?
The heir.
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