Contents of Inheritance Order

What will an Inheritance Order include?

It will state the names of the heirs and their relative parts of each of them in the estate. It does not relate to the size of estate or other rights ,not relating to inheritance, of the heirs in the deceased's estate.

Can an heir register the Inheritance Order in relation to a particular item of real estate without the consent of the other heirs to it ?

No ! The heirs to a piece of real estate become partners in it, and consent is needed for this act.

What is the legal position regarding the sale of real estate which was received by way of inheritance after the Inheritance Order was registered in the property registers ?

After the registration of the Inheritance Order on the property, the heirs become partners in it. Accordingly, if they wish to sell it they will have to bear the appropriate tax concerning its sale, as selling it is a property transaction involving taxation under Israeli law.

What happens if heirs to real estate sell it, without registering the Inheritance ?

The property can be sold without being regarded as a property transaction, and the heirs will divide the proceeds of the sale amongst them, according to the shares set in the Inheritance Order.

Will the name of an heir who has relinquished his share still appear on the inheritance order ?

No – as he will be regarded as someone who never inherited in the first place !

Will the inheritance order mention the name of an heir who made a deal and transferred his share ?

Yes , as the inheritance order does not relate to transactions made by an heir under law.

If the heir relinquishes his inheritance in favour of a permitted relative under law will his name still be mentioned in the inheritance order ?

No ! An heir who gives up his share in favour of the deceased’s spouse, children or siblings is seen as someone who never inherited.

Will the name of an heir who has been disqualified still appear on the inheritance order ?

No !

Will an agreement between the heirs which is authorized in court and becomes part of a judgment be menioned in the inheritance order ?

No!