People

Can a person who dies inherit from the bequeathor? No! A person who is already dead when the bequeathor dies cannot inherit , regardless of whether he/she is an heir according to law, or a will. His/her estate will gain his share instead.

Does Israeli law discriminate between the sexes is so far as their capacity to inherit? No! The Inheritance Act of 1965 relates equally to males and females in so far as their capacity to inherit is concerned.

Can someone lacking legal capacity inherit? Yes! There is nothing to stop a person who lacks legal capacity from inheriting. There are, however, restrictions on that person performing deeds related to what he/she inherits.

Can grandchildren who have a recognized emotional disability inherit from their grandparents? Yes, emotional disability does not affect the right to inherit. Someone who is mentally ill or someone who has an emotional disability is entitled to inherit just as anyone else, although the court can appoint him/her a guardian to manage the inheritance.

Can one leave all or part of one's estate to a child? Yes, a minor (someone below the age of 18) is, like any person, able to inherit, whether all or part of an estate.

Does an adopted child lose his rights to inherit, where his adoptive parents also have biological children? No. Adopted and biological children have equal inheritance rights vis a vis their parents.

Is a child whose parents are not married to one another entitled to inherit? Yes! Any child possess the legal capacity to inherit whether his parents are married to one another or not. Is a child whose parents are not married to one another entitled to inherit? Yes! Any child possess the legal capacity to inherit whether his parents are married to one another or not.

Is someone who is a "bastard" ("Mamzer") according to Jewish law entitled to inherit? Yes! Someone with the status of "bastard" under Jewish law has full capacity to inherit. His property rights are not affected by his status, which only limits his /her capacity to marry according to Jewish law.

Are the children of cohabitees entitled to inherit from their late father's estate if he left no will? Yes! Under the Inheritance Law of 1965 they are entitled to inherit, just as if their parents had been married to one another.

Does an orphan gain extra inheritance rights because he or she has no parents? No. An orphan's rights and share of the inheritance are set by law , or by will, and he/she has no additional rights because his/her parents are dead.

Is an adopted child entitled to inherit from his adoptive parents? Yes! An adopted child is his adoptive parents' legal heir, just as if he/she was their biological offspring.

Does a step-child have a right to inherit from his/her step-parent? No! A step-child has no inheritance rights vis a vis the spouse of a biological parent . He/she will only have inheritance rights if legally adopted by that spouse or he/she is a beneficiary under the latter's wil

Can an unborn child inherit? Yes, if he or she is born within 300 days of the deceased's death. If this is so, then he/she is entitled to inherit, whether by way of law, or will, as he/she is regarded as someone who is alive at the time of the deceased's death.

Can an unborn child whose mother became pregnant after the deceased died, and who was born within 300 days of the latter's death, inherit? No! The 1965 Inheritance Law states that if it is proved that conception took place after the deceased died , then the new-born cannot inherit him, even if he enters the world within 300 days of his death.

Can one leave property to a "planned" child who is not yet a foetus .e.g. the first child of a particular person? No! Only someone alive at the time of the deceased's death , including someone who was conceived beforehand, but born within 300 days of the latter's demise possesses the legal capacity to inherit.

The state was appointed guardian of my only child after my wife's death. Is he entitled to inherit from his mother's estate? Yes, he can inherit from his mother's estate, and the court can appoint a guardian to manage the property he inherits from it.

Is there a difference between inheritance under Jewish law and inheritance under Israeli civil law regarding the timing of child's birth in relation to his father's death? Yes! In Jewish law there is no restriction regarding the time of the birth, while the Inheritance Law of 1965 restricts the right of a child to inherit from his father – allowing it only where the birth takes place within 300 days of his father's death, after which he forfeits this right.

Can a child inherit from his father's estate if he was born from frozen sperm taken from his father's body in hospital shortly before the latter received chemotherapy treatment for cancer- but he actually came into the world two years after his father died? Not under existing Israeli inheritance law , which requires a child to be born within 300 days of his father's death to be entitled to inherit.

Can a child born from frozen sperm of the deceased inherit his property even if they are born some time after his death? Yes! If the child born derives from the deceased's sperm and the resulting birth takes place more than 300 days after the deceased's death, justice would demand that the offspring have full inheritance rights vis a vis the father. This would be an exception to the rule that only a child born within 300 days of the deceased's death can inherit according to law.

Is a child born after his father's death, from artificial insemination, via a fertilized egg which was frozen, entitled to part of his estate , if he did not leave a will? According to the Inheritance Law of 1965 a child born by any means within 300 days of his father's death, by natural or artificial insemination, is entitled to inherit by law, where there is no will. However, in the case of a child born as a result of artificial insemination using frozen sperm ,which may have even been removed from his body after death, it is very unlikely that the child will be born within this time period, as the process takes time. Thus in practice, it is possible that a child born from frozen sperm and artificial insemination may not be able to inherit from his father's estate at all, in the absence of a will , as the law has not kept apace with modern technology, which can 'freeze' sperm and fertilized eggs i.e. potential life for years.. If the law is amended, then a child born from artificial insemination of frozen sperm will be able to inherit from his father, just as a child born by natural means, even though he may be born more than 300 days after his father's death.

How can a person leave money to children who are not yet born, and not even thought of? By way of a special instruction in a will which creates a special fund to be divided up amongst future heirs . If this is not done, only children born within 300 days of the deceased's death can inherit under law.

Can a person born years after the deceased died benefit from his wealth? Yes, this is possible if the deceased made a will setting up a special fund for certain of his property. A person born years after his death can benefit from the fund and its 'fruit' (interest).