Estate Practice

In matters of inheritance, the issues that are not addressed in advance often matter most.

Many people assume that assets will “pass on” naturally, or that the law will resolve everything. In reality, when arrangements are not clearly made in advance, disputes may arise between heirs, different interpretations of the deceased’s wishes may emerge, rights may be delayed, and in some cases complex legal proceedings may become necessary. Preparing a properly drafted will, or handling an inheritance matter correctly, is not merely a technical step. It is a process intended to ensure that your wishes can be carried out in practice, and that your family can proceed with clarity and order at a sensitive time. We assist with the planning, drafting and legal arrangement of the relevant matters, so that you can understand what will happen and just as importantly, what will not.

Before you commit

Let us check the things that truly matter for you.

A will is not only a document. It is planning in advance.

A will allows you to determine how your assets, rights and obligations will be distributed after your passing, according to your personal wishes. Many people think of a will as a simple document. In practice, imprecise wording, inconsistency between assets, or failure to address complex family circumstances may lead to disputes or prevent the wishes expressed in the will from being fully carried out. We review the relevant circumstances with you, including the family structure, types of assets, financial considerations and tax aspects, and draft a will that is clear, accurate and practical.

Inheritance by law when there is no will.

When no will has been prepared, the estate is distributed according to the provisions of law. That distribution does not always reflect the deceased’s wishes, and it may create complex situations, particularly in extended families, relationships involving common-law spouses, jointly held assets or high-value property. In such cases, precise legal guidance is required in order to understand the rights involved, prevent disputes where possible and manage the process in an orderly manner.

Applications for inheritance orders and probate orders are more than a filing.

Submitting an application to the Registrar of Inheritance Affairs or to a competent court is not necessarily the end of the process. In many cases, it is only the beginning. Objections may arise, additional documents may be required, or there may be a need to address differences between the will and the circumstances in practice. We handle all stages of the process, from filing the application, through dealing with objections where necessary, to obtaining the order and managing the subsequent steps with the relevant bodies. The aim is not only to obtain an order, but to ensure that it enables the estate to be handled clearly and effectively going forward.

Estate administration when a complex process requires order.

In many cases, particularly where there are several heirs, different types of assets or disputes, the estate must be administered in an organized manner. This may include dealing with assets, liabilities, actual distribution and, at times, coordination between the different interests of the heirs. We guide the process methodically in order to prevent delays, reduce friction and protect the rights of all parties involved.

Types of wills: Why the choice matters

The law recognizes several types of wills, including a handwritten will, a will signed before witnesses, a will made before an authority, and an oral will in special circumstances. Although each type may be valid when the required conditions are met, not every type of will is suitable for every situation. An unsuitable choice or imprecise drafting may affect the validity of the will or make it more difficult to implement in the future. For that reason, it is important to adapt the type and structure of the will to the personal circumstances, rather than relying on a generic solution.

Inheritance and assets: The issue that is not always considered

When an estate includes real estate, assets abroad or complex family arrangements, the process may also involve questions of registration, taxation and coordination between different rights. In these situations, it is important to consider the implications in advance and create an arrangement that helps prevent future difficulties, rather than merely recording the distribution on paper.

Questions and Answers

What is important to know before a real estate transaction?

Is it mandatory to make a will?

No. However, if there is no valid will, the estate will be distributed according to Israeli inheritance law — which may not necessarily reflect your wishes.
Can a will be changed?

Yes. As long as a person has the legal capacity to do so, a will may be amended or revoked as circumstances change.
What is the difference between an inheritance order and a probate order?

An inheritance order is issued when there is no will, while a probate order confirms the validity of an existing will.
Can a will be challenged?

Yes. In certain circumstances, an objection may be filed against the probate of a will, and the matter may require appropriate legal proceedings.
What is the difference between an inheritance order and a probate order?

An inheritance order is required when a person dies without leaving a valid will and determines the heirs in accordance with Israeli inheritance law. A probate order is required when a will exists and confirms its validity so that the estate can be administered in accordance with its provisions.

The distinction is important because it affects how the estate is distributed, which documents are required, and the legal procedure that must be followed.
Is a handwritten will legally valid?

Yes, provided that it meets the legal requirements. According to the firm's existing materials, a handwritten will must be written entirely in the testator's own handwriting, dated, and signed by the testator.

Because this form of will can appear relatively simple, even minor errors may later create disputes or difficulties when attempting to probate it.
Should a will be deposited with the Registrar of Inheritance Affairs?

Depositing a will with the Registrar of Inheritance Affairs can help ensure that it is preserved and located after the testator's death.

According to gov.il, handwritten wills, witnessed wills, and wills made before an authority may be deposited with the Registrar. The deposit is intended to ensure that the will can be located and delivered to the relevant beneficiaries after the testator's death.
When can an objection to a will be filed?

An objection may be filed after an application for a probate order has been submitted and before the order is issued.

According to the Registrar of Inheritance Affairs, the objection is a written submission intended to prevent the issuance of a probate order and should set out the relevant details of the objecting parties, the deceased, other involved parties, and the grounds for the objection.
How long does it take to obtain a probate order?

According to the Registrar of Inheritance Affairs, as a general rule, a probate order is issued within 40 days from the date the application is submitted or the original will is filed, whichever is later.

If the application is referred for a response from the Attorney General's representative, the general processing period is 50 days. Requests for additional documents or missing information may extend these timeframes.
Can inheritance rights in real estate be registered together with the application for an inheritance or probate order?

In certain cases, yes. According to gov.il, where the deceased was domiciled in Israel at the time of death, it may be possible to submit a combined application for an inheritance order or probate order together with a request to register the resulting rights with the Land Registration Authority.
What happens if the will does not cover all of the deceased's assets?

If a will does not address the deceased's entire estate, an additional application for an inheritance order may be required in relation to assets that were not covered by the will.

This is one reason why careful and comprehensive will drafting is important, particularly where the estate includes several types of property or assets.
Is a will made before a notary considered a will made before an authority?

Yes. According to the firm's existing materials, a will made before an authority may be made before a judge, court registrar, Registrar of Inheritance Affairs, member of a religious court, or notary.

The applicable formal requirements must be followed carefully, particularly where the testator does not understand the language of the will and a translation is required.
Who inherits when there is no will?

When there is no valid will, the heirs are determined according to Israeli inheritance law. According to the firm's existing materials, this will generally involve the deceased's spouse and relatives according to the statutory order of succession.

If there is no spouse or qualifying relative, the State may inherit the estate in accordance with the law.
Can unmarried partners inherit from one another?

Yes, in appropriate circumstances. According to the firm's existing materials, Israeli inheritance law may also recognize unmarried partners who meet the relevant statutory conditions and allow them to inherit as spouses.

Because entitlement depends heavily on the specific circumstances of the relationship, each case should be examined individually.
Can a will be probated if the original document cannot be located?

According to the Registrar of Inheritance Affairs, the original will is generally required. Where the original cannot be produced, there are circumstances in which an application may need to be made to prove the will based on a copy.

Different requirements may also apply where probate has already been granted by a foreign court or authority and authenticated documents are being submitted in Israel.
Which is better: making a will or relying on intestate succession?

There is no single answer that is right for everyone. Intestate succession is the default distribution established by law when there is no valid will, but it may not reflect a person's wishes or the complexity of their family and assets.

A properly drafted will allows a person to determine in advance how their estate should be distributed, provided that the will is legally valid and clearly drafted.

You deserve close, professional, and personal legal support.

In the most expensive and important transaction of your life, I will be there for you.
From the negotiation stage through delivery or receiving the keys, registration in the Land Registry, and far beyond.