Thinking about death and inheritance is not easy for most people. However, early planning of how assets will be distributed can prevent disputes, ensure that the deceased’s wishes are respected, and spare family members lengthy and costly legal proceedings.
In Israel, inheritance matters are governed by the Inheritance Law, 1965, which applies to any person who passed away while being an Israeli resident or who left assets located in Israel.
In this article, we review the key legal principles of inheritance law in Israel, the different types of wills, the meaning of a probate order, what happens when there is no will, and the legal tools available to protect heirs’ rights.
Inheritance by Law vs. Inheritance by Will
Inheritance According to Law (Intestate Succession)
When a person passes away without leaving a valid will, their estate is distributed among relatives according to the priority rules set out in the Inheritance Law.
Generally, the surviving spouse is entitled to a portion of the estate (including household assets), while the remaining estate is divided among the children or other relatives, based on clearly defined statutory rules.
Important note:
Common-law spouses, children born outside of marriage, or half-siblings may be included—or excluded—from inheritance rights depending on the specific circumstances and relevant case law.
Inheritance According to a Will
When a valid will exists, it prevails over the default provisions of the Inheritance Law, provided it was drafted in accordance with legal requirements.
An individual is free to distribute their assets as they wish — including to non-family members, friends, employees, or charitable organizations.
Types of Wills Recognized in Israel
Israeli law recognizes four primary types of wills:
Handwritten Will
Written entirely in the testator’s own handwriting, dated and signed. No witnesses are required.
Will in the Presence of Witnesses
The most common form. Signed by the testator before two witnesses, who must also sign the document.
Will Before an Authority
Made before a judge, registrar, or notary. Considered particularly secure and difficult to challenge.
Oral Will (Deathbed Will)
Declared verbally before two witnesses, permitted only in extreme circumstances such as imminent death or terminal illness.
Professional recommendation:
Drafting a will with the assistance of an experienced attorney and using clear, precise language significantly reduces the risk of misinterpretation or future invalidation.
Probate Order vs. Inheritance Order – What Is the Difference?
Probate Order
A formal request submitted to the Registrar of Inheritance Affairs to confirm the validity of a will and grant it legal effect. Without a probate order, the estate cannot be distributed according to the will.
Inheritance Order
Requested when no will exists. This order authorizes the distribution of the estate according to statutory inheritance rules.
In both cases, any interested party may file an objection, for example, if they believe the will was executed under undue influence or when the testator lacked mental capacity.
Objections to a Will – When Is It Relevant?
A will may be challenged on several legal grounds, including:
The testator lacked legal or mental capacity at the time the will was made
The will was executed under pressure, coercion, or undue influence
A later will exists
The will does not meet formal legal requirements (e.g., missing signatures, date, or witnesses)
It is crucial to consult an attorney specializing in wills and inheritance law to assess whether there is a valid legal basis for an objection and whether it can be proven in court.
Additional Legal Planning Tools
Trusts
Assets may be transferred to a trustee to manage them for the benefit of others — such as minor children, family members with disabilities, or charitable purposes. Trusts offer significant flexibility and control.
International Inheritance and Tax Planning
When assets are located outside Israel (e.g., foreign real estate, bank accounts, or investments), it is essential to consider foreign legal and tax implications and seek advice from an attorney experienced in cross-border inheritance matters.
Mutual Wills Between Spouses
Spouses may execute mutual or reciprocal wills, often providing for asset distribution only after both spouses pass away, subject to statutory restrictions on future amendments.
Why You Should Prepare a Will Now
Many people postpone drafting a will, assuming there is plenty of time. In reality:
The future is uncertain, and the absence of a will may harm loved ones
A will helps prevent disputes and family conflicts
It allows asset distribution based on real personal needs — not general legal defaults
Conclusion
Inheritance is not only a financial matter — it is about dignity, continuity, clarity, and the prevention of conflict.
Through early legal planning, a properly drafted will, and professional legal guidance, you can ensure that your wishes are honored, legal disputes are avoided, and your estate is managed exactly as you intended.
Keywords:
Wills and Inheritance Lawyer | Drafting a Will in Israel | Objection to a Will | Probate Order | Inheritance Order | Inheritance Without a Will | Estate Planning
