Is a woman – who is married but separated from her husband – who lives with a man who is separated from his wife entitled to surviving spouse's benefit after his death?
As a rule of thumb, yes, subject to the conditions provided in the relevant National Insurance legislation. How can children whose father has died make his second wife share redundancy and life insurance money relating to him ? Redundancy and life insurance money are not included in a person's estate and the person nominated to receive them under the fund is the one entitled to get them. If the deceased's second wife is nominated as the beneficiary under the funds, then his children from his first marriage have no legal rights in the monies in them.
How can children whose father has died make his second wife share redundancy and life insurance money relating to him ?
Redundancy and life insurance money are not included in a person's estate and the person nominated to receive them under the fund is the one entitled to get them. If the deceased's second wife is nominated as the beneficiary under the funds, then his children from his first marriage have no legal rights in the monies in them.
What happens if the beneficiary a deceased named on his private pension fund are not alive either ?
The Supreme Court ruled on this issue in 1993 , when the heirs of a beneficiary named on a private fund claimed that they should inherit instead of him. It held that money accrued in the deceased's fund was not part of his estate, unless it were conditioned otherwise. It is subject to the regulations of the association controlling these kind of savings ("Kupot HaTagmulim" in this case). In the absence of an instruction specifically naming the beneficiary of the fund's member (the deceased) and his heirs , it is assumed that the deceased intended him to benefit personally – and solely. Thus where there is no such specific instruction or the regulations do not address this issue, the beneficiary under the fund is also dead, and money is left in the fund after the deceased's death, his heirs under law will be enfitled to it, and not the heirs of the beneficiary under the fund.
In principle, yes. She will be entitled to money in his private pension fund providing that the pension fund's regulations do not prevent this, and that she can prove her status as a cohabitee or common-law wife in court.
Does a divorced woman who lives with a widow have a legal right to money in his private pension fund after his death ?
Life insurance policies are not included in the deceased's state, according to law, unless stipulated otherwise, and the law relating to contracts applies to them, not laws relating to inheritance.
What is the law relating to insurance money that is supposed to be paid due to the deceased's death ?
What is the law regarding money from "Kupot Tagmillim" which should be paid up following the death of the deceased ?
These payments are not included in the deceased's state, according to law, unless stipulated otherwise, and the law relating to contracts applies to them, not laws relating to inheritance.
Can estate deaths be paid from money due from insurance, allowances or "Kupat Gemmel'" funds ?
No ! These monies are not included in the estate. A creditor can only be paid from the estate.
Are only sums due because of the deceased's death the only monies which are not included in the estate ?
No ! Also sums that a person is entitled to during his lifetime are excluded from his estate.
Are only sums paid because of a person's death that are insurance policies, allowances or "Kupat Gemmel" excluded from the estate ?
No ! Any sums due to be paid because of death for a similar legal ground are excluded from the estate.
How can one solve a dispute regarding "Kupat Gemmel" after the deceased's death ?
By filing a plea for those rights to the appropriate civil court, according to the amount claimed. It has nothing to do with the inheritance process.
Can the deceased's widow get her Ketuba money from her late husband's "Kupat Gemmel" where she knows there are funds ?
No! The funds there are not part of the estate, and the widow can only get the funds from the deceased's estate.
Can the deceased's children get maintenance due to them under law from an insurance policy he/she took out ?
No ! The insurance policy is not part of the estate and maintenance due under law can only be paid from the estate.
Can the deceased make stipulations that money received according to a life insurance policy he/she took out will be part of the estate ?
Yes! It is possible to make special conditions under the contract whereby money received under a life insurance policy, allowances or Kupat Gemmel will be part of the estate.
Is it possible to make binding instructions in a will whereby money received under a life insurance policy, allowances or Kupat Gemmel will be part of the estate ?
Yes!
Is it possible for a testator to give special and binding instructions in his/her will that override regulations in a Kupat Gemmel fund, of which he/she is a member ?
No ! The testator cannot give instructions that contradict the fund regulations. If they state who the person to receive the money is, then the testator cannot include those sums in his/her estate, where those people are not heirs.
Can children of the deceased get maintenance due to them under law from their late father's Kupat Gemmel fund ?
No !
Can a person arrange for sums due from a Kupat Gemmel fund to pass to children who are yet to be born, and are not even conceived ?
Yes! There is nothing in law to prevent this, as the Kupat Gemmel fund is not part of the estate, and is not, therefore, subject to the Inheritance Law of 1965, so that a future child, who is not even a foetus can be included in the instructions.
Can someone who murdered the deceased get money intended for him/her under the deceased's life insurance policy ?
What happens if a person who was an intended recipient of funds following the deceased's death actually dies before the deceased ?
If the funds derive from a Kupat Gemmel fund, its regulations should be examined. If they do not provide a solution, then the funds due to not enter into the estate, unless the deceased stipulated otherwise. Therefore, if the regulations do not provide an answer and the deceased did not make any special stipulations, the heirs of the intended recipient will receive the funds.
My common-law partner has died recently. He became very ill a few years ago and stopped working. I continued to work and support us. We decided not to touch the redundancy compensation he got . Am I entitled to it now ?
This redundancy money is not regarded as part of the estate, by law, unless the deceased included it in a will. Contact should be made with the fund's offices to establish who, according to its regulations, the beneficiaries are, and if, at all, a common-law spouse is included such.
How can a person leave another the contents of his life insurance policy after his death if they are excluded from his estate by law ?
Directly by nominating the person from a list of potential beneficiaries recognized by the insurance policy company, on his policy. A life insurance policy holder can change the beneficiary /beneficiaries nominated at will.
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