Most people prefer not to dwell on this subject, but the fact is that life is transitory. Upon the death of an individual, the fate of his property must be decided. Inheritance is the universal practice of transmitting assets, as well as rights, obligations, debts and even titles.

But while the practice itself appears in some form in all cultures, inheritance rules are subject to the jurisdiction where the decedent (deceased) died or owned property at the time of death.

Inheritance in Israel is governed by the Law of Succession of 1965 (‘Law of Succession’). Israeli courts have jurisdiction over the estate of any person who at the time of her death was a resident of Israel, or who left property in Israel.

The default presumption of the law is set out in section number 1 of the Law of Succession, which is that a man’s estate passes to his heirs on his death. This includes his tax assets, real estate, copyrights, etc.

The law establishes two ways of bequeathing assets: by will or by law. If the deceased has left a will, the inheritance will be distributed according to the heirs stipulated in the will. If the deceased has not left a will, the heirs will be those indicated by law, according to the order of inheritance. These are:

– The decedent’s spouse at the time of death (the only relative mentioned here who is not related to the decedent by blood; this may include a common-law spouse),

– The descendants of the deceased, including illegitimate and adopted children and their offspring,

– The parents, grandparents and descendants of the deceased.

– In the absence of the aforementioned heirs, the State of Israel inherits the inheritance.

The estate will be divided equally between the spouse of the deceased (one part) and the children of the deceased (the other part, to be divided equally between them). These heirs take precedence over the deceased’s parents and their offspring, who in turn take precedence over the deceased’s grandparents.

The spouse will inherit the entire estate only if the decedent has no children, siblings, or parents. Otherwise, the spouse is entitled to half of the estate if the decedent is survived by children or parents, and two-thirds of the estate if the decedent is survived by grandparents, siblings, or other relatives. The spouse is also entitled to inherit the deceased’s personal property, including motor vehicles, which were part of the joint household.

It is important to note that the assets belonging to the surviving spouse are not part of the estate that will be inherited. These may include up to half the value of the couple’s assets, due to the application of the Spouses (Property Relations) Act 5733 – 1973, the principles of joint property ownership, or a property relationship agreement (for example , a prenuptial agreement or ‘preup’).

The right to support of an estate is also granted to the children of the decedent up to the age of 18 (the court may award support to a higher age in some circumstances), or parents who are in need of financial support and were dependents of the decedent. before his death.

According to article 6 of the Inheritance Law, an heir can refuse to inherit his share of the inheritance, as long as the inheritance has not yet been distributed.

In the case of inheritance in the absence of a will, the distribution of the inheritance to the heirs in accordance with the law will begin with the request for order of succession. This application can be submitted to a branch of the Office of the Registrar of Probate or to one of the rabbinical courts of Israel.

The order of probate is a valid court order. Like a court order, it does not become obsolete and can be executed years after it is issued. The order does not specify the details of the distribution of assets among the heirs, but only decides on the identity of the heirs and their respective succession rights.

The request for order of succession must be accompanied by several documents (one original and three copies):

– Two receipts: proof of payment of the government fee when submitting an application, from the Israel Postal Bank.

– An Order of Succession Request Form signed by the sender, who must be an heir, the administrator of the estate or a creditor of an heir. The sender’s declaration must be verified by a lawyer, notary, judge or the president of the local council.

– Original death certificate or true copy of the original.

– Notifications to all the remaining heirs notifying them of the Request for Order of Succession, including the signatures of the aforementioned heirs or confirmation of sending the notifications by certified mail.

It is recommended that an attorney be consulted regarding the exact procedural requirements of the process of applying for an Order of Probate. When the request for the order is made by a proxy on behalf of an interested party, it must be accompanied by an original Power of Attorney or a true copy of the original.

The Registrar of Probate or a court may set aside or modify an Order of Probate (or an Order of Probate, which is discussed in a separate article). If the order was granted by a court of law, only a court of law can cancel or modify it. Any interested party may request the cancellation of an Order of Succession; this right is not limited to the heirs of the estate. One of the most common examples of cancellation of a Succession Order is when, after the order is issued, it is verified that the deceased had indeed left a will. In such a case, the Order of Succession may be canceled and an order of succession must be sought in respect of the will.

It is important to note that there is no wealth tax in Israel.

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