Capacity to Inherit
People Disqualified from Inheriting
Beneficiary's Relinquishment of Inheritance
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
Heir Who Relinquishes Inheritance Share
Inheritance Through Adoption
The State's Right to Inherit
Forms of Wills
Will Before Witnesses
Deposit of Will With Judicial Authority
Will Before Judicial Authority
Subject of the Will
Negative Will Instructions
Legal Capacity to Bequeath
Freedom to Bequeath
Will – Personal Act
Delegation of Authority in Will To Choose Heir
"No - No's"
Will - Undue Influence
Will in Favour of Witnesses
Cancellation of Will By Testator
Cancellation of Part of Will
Non-Cancellation of Faulty Will
The Need for Probate
Will According to Law
Interpretation of the Will
Validating Faulty Will - General
Validating Faulty Handwritten Will
Validating Faulty Will Before Witnesses
Validating Faulty Will Before Legal Authority
Validating Faulty Oral Will
Heir Instead of Heir
Heir After Heir
Heir - Delayed Condition
Heir - Terminating Condition
Beneficiaries Whose Shares Have Not Been Set
Beneficiary Who Dies Before Testator
Beneficiary Who Relinquishes His Share
4.37 General - Heirs & Beneficiaries
Part of Unspecified Property
Estate - Share and Part
Part of Specified Property
Cohabitees - Quasi-Will
Right to Maintenance
Limits of Right to Maintenance
Order of Priority Amongst Those Entitled
Applying For Maintenance
Ways of Supplying Maintenance
New Facts And Changes in Circumstances
Enlarging Estate For Maintenance Purposes
Declaration Concerning Rights of Heirs
Filing Objection to Inheritance Order
Granting of Inheritance Order By Court
Contents of Inheritance Order
Force of Inheritance Order
Changes After Deceased's Death
Amendment/Cancellation of Inheritance Order
Purchaser's Defence of Good Faith
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
Testator's Instructions to Executor
Court's Instructions For Management of Estate
Inviting Estate's Creditors
Payment of Estate's Debts
Expenses of Managing Estate
Estate Debts-Order of Priority
Debts-Clarification and Payment
Bankruptcy of Estate
Time for Dividing Estate
Subject of Division
Accommodation and Support - Interim Period
Types of Division
Division According to Court Order
Division According to Agreement
Division By Heirs
Amendment of Division
Type of Property
Division-One Property For Another
Property Which Cannot Be Divided
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
Jurisdiction of Courts in Israel
Choice of Law
Law of Specific Property
Capacity to Make a Will
Form of Will
Foreign Law Refers to Other Law
Foreign Law - Not Needed
Exceptions to Contents of Foreign Law
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
Declaration of Beneficiaries' Rights
Declaration of Beneficiaries' Rights
Checking Potential Heir's Rights
How can a person know if he is a beneficiary under a will, and how can he check this out if the deceased died a few years ago?
If the deceased made a will and deposited it with the Inheritance Registrar and no request for probate is made within three months of him dying, then a notice will be sent to all the beneficiaries under the will by the Inheritance Registrar. The same procedure applies if the will was not deposited with the Inheritance Registrar by the testator, but handed over to him by someone in possession of it. Also, after the deceased's death any interested party can apply to the Inheritance Registrar to look at a will deposited or handed over to him.
Furthermore, the General Guardian keeps a national computerized register of applications to divide estates – by will or by law – and of probate and inheritance orders given by courts, religious courts and district inheritance registrars. After the deceased's death an interested person can apply to get details from this national registrar and find out if an order has been applied for or granted to divide the estate, according to a will, or by law.
Jurisdiction Re Probate
Who, under Israeli law, has the legal authority to make a declaration about inheritance rights where the deceased made a will?
In principle, the Inheritance Registrar, but in certain situations, the family court or even a religious court.
Aim of Probate Order
What is the aim of a Probate Order?
It is designed to declare that a will is legally valid , in whole or part (where the court finds that certain instructions are invalid or cancelled ). It is a special kind of Inheritance Order which enforces the will or part of the will made by the testator.
Probate Order Declares Inheritance Rights
Does the Probate Order create inheritance rights?
No, it but merely declares what they are according to the testator's will.
Who Can Apply For Probate
Who is entitled to ask for an order distributing the estate according to a will made by the deceased?
A beneficiary (someone named under the will who is supposed to gain from it by being left property) and any interested person.
Will Refers to Some But Not All Property
What is the position when the deceased included only some of his property in the will?
A Probate Order can be obtained for the property included in the will, and an Inheritance Order can be obtained for property not included in it.
Probate Only Option To Divide Testator's Estate
Can one ask the court for a declaratory judgment declaring who is to inherit, where there is a will, instead of applying for a Probate Order?
No! Where there is a will the only way of dividing the estate is by way of a Probate Order to enforce it.
No Need For Order Cancelling Will
Is there a need to apply to the Inheritance Registrar for the enforcement of an order cancelling the will?
No! Application should be made to him just to enforce the will . Action against it is in the form of objection to a Probate application, or later, an application to cancel the Probate Order.
Can the court make an order concerning an agreement that beneficiaries in the will made about their inheritance under it?
No! The court cannot give an order declaring inheritance rights in contradiction of instructions in a valid will.
Foreign Probate Order
What is the position of a Probate Order granted abroad re property in Israel?
There is still a need to go through the process of obtaining probate in Israel.
Probate and Inheritance Orders Both Granted
Can the Inheritance Registrar or court grant two orders re the estate of a deceased, one an Inheritance Order and the other a Probate Order?
Yes, the property which is dealt with in the will, will be covered by the Probate Order, providing the will is valid, and the property not covered in it will be dealt with in the Inheritance Order.
Amihoud Borochov - Law Office
7 Dov Hoz St. Tel Aviv, Israel 63416
© All Rights Reserved
Common Law Inheritance
Correcting Mistakes In Wills
Deadlock Over Will
Executor Exceeds Powers
Girlfriend Exploits Dying Widower
Heirs Left Out
Inheritance And Potential Heirs
Secret Child's Inheritance
Son Vs Fathers Widow
To Will Or Not To Will
Undue Influence Exerted By Housekeeper
Will In English - No Translation