FAQ

Question 1

Is it mandatory to make a will?

Accepted Answer

There is no legal requirement to make a will, but it is highly recommended for anyone over the age of 40 or who has significant assets. Without a will, property is divided according to Israeli inheritance law, which does not always reflect your wishes. The law sets a fixed division between spouses, children, and parents, which can create problematic situations: a second spouse who will receive nothing (if there is no will), children from previous marriages who will be divided in a way you did not want, assets that will go to distant relatives you would not want, or difficult family disputes. A will allows you to decide exactly who will receive what, appoint an executor (executor), provide for minor children or family members with special needs, and prevent costly legal disputes. A will must be in writing and meet legal requirements to be valid.

Question 2

How much does it cost to make a will with a lawyer?

Accepted Answer

The cost of drafting a will varies depending on the complexity of the property and family situation. Simple will (normal family situation, basic assets): 1,500-3,000 NIS including consultation, drafting and approval. Medium will (complex family, several assets, specific instructions): 3,000-5,500 NIS. Complex will (businesses, overseas assets, trusts, blended families): 5,500-12,000 NIS and up. Mutual wills for a couple: an addition of 30%-50% to the basic price. The price includes: an in-depth consultation to understand the wishes and situation, precise legal drafting that meets the requirements of the law, checking tax implications (estate tax, future appreciation tax), signing before witnesses or a notary (depending on the type), and keeping the original copy (optional). This cost is a one-time investment that saves family members tens or hundreds of thousands of shekels in future disputes. A will can be updated in the future (for an additional cost of 800-2,000 NIS).

Question 3

What is the difference between a handwritten will and a witnessed will?

Accepted Answer

There are two main types of wills in Israel, and each has its advantages and disadvantages. Handwritten (holographic) will: Written entirely in the testator's handwriting, signed with his signature, without the need for witnesses. Advantages: Simple and quick to execute, completely private (no one needs to know), free of charge. Disadvantages: Easy to make mistakes in legal wording (may invalidate the will), can be forged or challenged for authenticity, may only be found after a long time. Witnessed will (official will): Printed or written, signed in front of two witnesses who also sign, and does not have to be handwritten. Advantages: Stronger legal (difficult to challenge), professionally drafted by a lawyer, witnesses verify identity and competence, fewer disputes after death. Disadvantages: Requires the presence of witnesses (not always convenient), less privacy. Recommendation: A professional will before witnesses accompanied by a lawyer is always preferable - it ensures validity and prevents disputes.

Question 4

How long does an inheritance process take in Israel?

Accepted Answer

The duration of the inheritance process depends on the type of will and its complexity. With a proper will: 4-8 months on average - filing an application for a will enforcement order with the Family Court, publishing an advertisement in the newspaper (30 days for objections), receiving an order for enforcement of the will (2-4 months without objections), transferring assets to the will (an additional 1-3 months). Without a will (inheritance by law): 6-12 months - need for the consent of all legal heirs, filing an application for an inheritance order, locating all assets and debts, and transferring assets. In disputes or appeals: 2 to 5 years - when there is a lack of agreement between heirs, suspicion of forgery of the will, or claims by those who were excluded from the will. Factors that affect the continuation: number of heirs, complexity of assets (real estate, businesses, bank accounts, stocks), assets abroad, debts and mortgages, and agreement or disagreement between the heirs. An experienced lawyer can significantly speed up the process and prevent unnecessary delays.

Question 5

Are children from a previous marriage entitled to inheritance?

Accepted Answer

Yes, children from previous marriages are entitled to inheritance just like children from the current marriage - the law does not distinguish between them. Without a will (inheritance by law): All children inherit equally the children's share of the estate (after the spouse's share). For example: if there is a spouse and two children (one from a first marriage, one from a second marriage), the spouse will receive half and the children will share the other half (a quarter for each child). With a will: You can freely decide how to divide the assets - to favor one child, to exclude a specific child (if there is a reason), or to divide differently from the law. But it is important to know: the law protects minor children - if there are children under the age of 18, they are entitled to maintenance from the estate even if they were excluded from the will. Important recommendation for blended families: Consult a lawyer about a fair division that will avoid disputes - especially if there are shared assets with a new spouse or children of different ages. A clear will prevents painful family conflicts.

Question 6

What happens if someone dies without a will?

Accepted Answer

When a person dies without a will, the property is divided according to the Inheritance Law 5725-1965 in a defined order of precedence. If there is a spouse and children: the spouse will receive half, and the children will share equally in the other half. If there is only one child, the spouse will receive 2/3 and the child 1/3. If there is a spouse without children: the spouse will receive 2/3, and the parents of the deceased will receive 1/3 (or siblings if the parents are deceased). If there is no spouse: everything goes to the children in equal parts. If there are no children - to the parents, and if the parents are deceased - to the siblings. Common problems without a will: a second (non-biological) spouse may receive nothing if he is not a registered spouse, an unmarried life partner will receive nothing (the Inheritance Law only recognizes civil or religious marriages), assets can go to distant relatives that you would not want, and the process of dividing the estate becomes complex and expensive. Appointment of an estate administrator: The court will appoint an administrator Estate (usually the main heir), but this requires a 6-12 month legal process. That's why it's always a good idea to make a will - even if the situation seems simple today.

Question 7

Is it possible to cancel or change a will?

Accepted Answer

Yes, you can change or revoke a will at any time as long as the testator is alive and legally competent (has the capacity to judge). Will Amendment: You can write a new will that explicitly revokes the previous one, or write a "codicil" that changes specific clauses. The most recent will is valid, as long as it meets the requirements of the law. Will Revoke: You can revoke an existing will by writing an explicit statement "I revoke my will as of X date", physically destroying the will with a clear intention to revoke (not recommended - may be considered lost), or writing a new will with an explicit sentence "This will revokes all previous wills". Important points: A will amendment must meet the same legal requirements as the original will (fully handwritten or witnessed), if you have an old will kept with a lawyer, be sure to update him or her about the change, and if your circumstances have changed (marriage, divorce, birth, new assets), update the will. Recommended frequency of updating: Review your will every 5-7 years or after a significant life event. Updating a will typically costs 800-2,000 NIS.

Question 8

Is there an inheritance tax in Israel?

Accepted Answer

No, there is no inheritance tax in Israel on property inheritance - the heirs receive the assets tax-free. The inheritance tax was abolished in 1981. But pay attention to the other taxes: Future appreciation tax: If the heir sells the property (apartment, land, shares), he will pay appreciation tax on the profit from the date of inheritance until the sale. The price basis for the heir is the value of the property at the time of death (not the price the decedent paid), which significantly reduces the future appreciation tax. Property tax: Property tax and current taxes must continue to be paid on the property immediately after the inheritance. Income tax on income from the property: If the property generates income (rent, dividends), the heir is liable for income tax on this income. Debts of the testator: The estate is responsible for all of the deceased's debts - mortgages, loans, debts to banks. The heirs must pay these debts from the estate before the assets are distributed. Important note: If the testator held assets abroad (USA, Europe), there may be inheritance tax liabilities according to the laws of that country. In such a case, an international lawyer should be consulted. The bottom line - Israel is a generous country with respect to inheritance taxation, but proper planning can save the family future taxes.

How to write a legal will in Israel? A comprehensive guide

Will in Israel – How to write a legally binding will?

1. What is a will in Jerusalem? – Legal definition and legal aspects

A. Definition of the will – What is a will according to law??

on. Types of wills in Israel – Regular, in front of witnesses, before an authority, etc.

third. Legal requirements for a valid will

2. Writing a will in Jerusalem – How to write a legal will correctly

A. Steps to writing

on. Common mistakes to avoid when writing

third. Practical examples of making a will

3. Advantages of making a will in Jerusalem – Why make a professional will?

4. Summary and recommendations

Main recommendations for writing a legal will: