A meticulously crafted will bring a sense of security and tranquility to both you and your loved ones. It serves as a guarantee that your assets will be distributed in accordance with your wishes, ensuring a peaceful transition. In this article, we delve into the four types of wills recognized by Israeli inheritance law.
Four Types of Wills in Israel
Under the Ministry of Justice, Israeli inheritance law recognizes four types of wills. To be valid, each type of will must meet specific requirements. Those types of wills are:
A Handwritten Will
This type of will, known as a Handwritten Will, is personally prepared by the testator and is written in their own hand. For it to be considered valid during the probate process, the testator must have signed and dated it. In some instances, a handwriting expert is called in to authenticate the will. However, it’s crucial to note that many individuals need legal guidance to prepare handwritten wills. This can lead to provisions that are contrary to Israeli law or even mistakes. Such errors can render the will invalid in Israeli families and probate courts, underscoring the importance of seeking professional legal advice.
A Will in the Presence of Witnesses
This type of will, known as a Will in the Presence of Witnesses, is the most commonly used in Israel. Typically, a lawyer will prepare the will in writing, ensuring that it aligns with the testator’s wishes and Israeli law. To be considered valid, the testator must sign and date the will in the presence of two unrelated witnesses. These witnesses must also sign and date the will, print their names legibly, and list their addresses and ID numbers. They must also initial each page of the will. With a lawyer’s guidance and all of these requirements met, the will should withstand scrutiny during probate, further emphasizing the role of legal representation in this process.
Wills in the Presence of an Authority
A will in the presence of an authority is a testament to your wishes, accompanied by your testimony that this is your will. This type of will is made in the presence of a judge, the inheritance registrar, a member of a religious court, or a notary. It must be signed and authorized by the authority, empowering you to maintain control over your estate.
A will in the presence of authority offers a robust layer of security, ensuring the validity of your will and preventing potential contests. For individuals with assets in multiple countries, this type of will is particularly advantageous. It can help to navigate the complexities of probate in various jurisdictions, providing peace of mind and reassurance.
When contemplating a will in the presence of an authority, it’s crucial to seek professional advice. Consulting with an attorney ensures that the will is drafted correctly, tailored to your needs, and provides the necessary guidance and support. This professional guidance can make the process less daunting and more reassuring.
An Oral Will
Some people refer to this type of will as a ‘deathbed will,’ a term used to describe a will made by someone in their last life stages. The testator creates the will by making an oral statement at a time when the testator believes that they are on their deathbed and believes death to be imminent. The statement must be made in the presence of two witnesses who can understand what the testator is saying to be valid. They must record and deposit the will with the Registrar for Matters of Succession. If the testator is still alive one month after they made the will, it will no longer be valid.
If you would like to learn more about the role that a will can serve in your overall estate plan and succession laws in Israel, please contact Aharoni Law Firm for a complimentary consultation. Our knowledgeable and experienced probate and estate planning lawyer from our Israeli law firm will provide tailored advice and representation, ensuring that your unique needs are met in the most effective way.
For highly personalized legal assistance with the drafting of your will, you can turn to the Israeli probate and estate planning lawyers of our law firm. We can offer decades of hands-on experience in Israeli probate courts and a commitment to meeting all of your objectives, ensuring you feel valued and understood. Connect with us today to discuss your Israeli will and other estate planning needs in a complimentary consultation. With offices in New York, Florida, Los Angeles, and Tel Aviv, we work with international clients throughout the world.
The succession petition is a valid judicial order under Israeli inheritance law. Like a court order or a decree, it does not suffer obsolescence and can be enforced years following its issuance. The court order does not specify the details of the distribution of assets among the heirs but only decides upon the identity of the heirs and their respective inheritance rights and inheritance tax in Israel. It’s important to note that without a succession order, there may be disputes over the distribution of assets and potential tax implications, which could lead to legal complications and financial losses.
The petition for a succession decree, which requires a substantial number of documents, can now be conveniently E-filed online. This modern approach not only saves heirs valuable time and energy but also simplifies the process, making it more accessible and less daunting.
It is advised to consult a lawyer regarding the exact procedural requirements of the process of requesting an Israeli Succession Order. Where the petition for the order is made by an attorney on behalf of an interested party, it must be accompanied by a Power of Attorney. This legal document authorizes the attorney to act on your behalf, making decisions and signing documents related to the succession order process.
The Succession Registrar or family court may nullify or amend a Succession Order. This order, as mentioned earlier, decides upon the identity of the heirs and their respective inheritance rights and inheritance tax in Israel. A Probate Order, on the other hand, is a separate legal document that is used when the deceased has left a will. If the order was granted by a court of law, only a court of law may annul or amend it. Any interested party may request to annul a Succession Order; this right is not limited to the heirs of the estate. One of the most common examples of annulment of a Succession Order is when it is found that the deceased had left a will after the order was given. In such a case, the Israeli Succession Order may be annulled, and a probate order must be requested concerning the will.
There is no estate/inheritance/death tax in Israel. However, some non-residents, like those in the UK, may be subject to an estate tax in their domicile above the tax-free bracket of £325,000.
There is no Estate or Inheritance Tax for clients from the United States. Residents in Canada, the UK, and Europe are advised to call us for the exact details.
Contact Aharoni Law Firm For A Complimentary Consultation
Please call us from the US or Canada at 888-923-0022 or in Israel at 972-3-9055478 to schedule a complimentary consultation to discuss your specific situation and how to successfully navigate the entire probate and estate process.
Our law firm, with its extensive experience in handling hundreds of probates in Israel on behalf of non-residents, stands as a beacon of trust and reliability. We have navigated the complexities of the Israeli legal system for our clients, ensuring their peace of mind and satisfaction. Our client reviews are a testament to our commitment and expertise.
