Yes! A will drafted by a foreigner or U.S. attorney can be enforceable in an Israeli probate court, but certain procedures must be followed.
The Process:
- Probate Petition: A probate petition must be filed in an Israeli family court.
- Required Documents:
- Original Will: The original will with the original signatures is required. If not available, a petition explaining the absence and requesting the court to accept a copy is required.
- Certified Death Certificate: A certified copy of the testator’s death certificate.
- Legal Opinion: A legal opinion from a lawyer well-versed in the law of the country where the will originated, confirming its validity under that country’s laws.
- Translations: All foreign language documents need to be translated into Hebrew.
- Additional Documents: Additional documents like affidavits or foreign court orders may be required depending on the complexity of the will and the specific circumstances.
- Notices: Notices about the probate proceedings must be sent to the heirs mentioned in the will.
- Court Review: The Israeli court will review the documents, the legal opinion, and any objections raised by interested parties.
- Probate Order: If the court is satisfied that the will is valid and complies with Israeli law requirements, it will issue a probate order confirming the will’s validity and authorizing the distribution of assets according to its terms.
Keep in Mind These Notes:
- Israeli Law Requirements: While foreign wills can be recognized, they must still comply with certain aspects of Israeli law, such as the forced heirship rules.
- Legal Representation: It’s highly recommended to engage an Israeli attorney specializing in inheritance and probate law to guide you through the process. They can help ensure all the necessary documents are prepared correctly and represent your interests in court.
- Time and Cost: The probate process in Israel can take several months and involve legal fees and court costs.
In our blog post, you can read more information on how the Israeli Court handles probate of US Will.
