Article by Rahav D. Aharoni, Adv., a dedicated Wills Attorney in Israel, handling all aspects of Israeli Inheritance, Estate/Succession law, and Probate petitions, including objections/contesting wills.
Will vs. No Will and Israeli Inheritance Law
Experiencing the loss of a loved one is never easy, and when it involves an inheritance of Israeli property or assets, that journey can be greatly impacted by whether or not a will is in place.
As an expert wills attorney in Israel, I describe below the advantages of having a will for Israeli property, as well as helpful options if you’re navigating an inheritance without a will in Israel. I also briefly cover some challenges involving wills in Israel’s succession law.
The Process of Having a Will vs. No Will in Israel
A will dictates how the deceased person’s assets will be distributed. Yet, when someone dies without a will, they are said to have died “intestate,” and the transfer of their Israeli estate is governed by Israel’s intestate succession law.
In intestate succession cases, the Israeli court assigns new ownership – or splits ownership – of inherited Israeli assets based on a set formula of familial relations to the deceased. As one example, half of the assets may go to a spouse while the other half might be divided among the children. The actual formula depends on the entire make-up of family relations to the deceased, which a skilled attorney for wills in Israel can clarify for you.
The steps in administering an estate with a Will vs. No Will in Israel are similar:
A wills attorney in Israel executes a petition with the Israeli Inheritance Registrar and Family Court and then proceeds to serve the potential heirs, among many further steps that I describe in The Probate Process in Israel. The Israeli inheritance attorney serves to ensure the estate’s valid transfer of ownership; they may also help the heirs manage the estate.
In intestate cases, the court appoints a legal administrator to carry out probate duties, such as:
- Locate and serve the deceased’s legal heirs,
- Take inventory of and list the deceased’s assets,
- Pay off any debts,
- Distribute the remaining assets to the beneficiaries.
In either case, Israel’s probate process and duration (3-6 months or longer with delays) are similar. Yet, the major difference between having a will vs. no will in Israel is that intestate succession cases often entail greater uncertainty, delays, and indirect costs.
Benefits of Having a Will in Israel
When transferring inherited Israeli property or assets, with a proper will in place, the original owner’s expressed wishes for what happens to the assets are followed. What’s more, wills in Israeli inheritance law often facilitate a smoother transfer of assets so that any inherited Israeli property, assets, or business continues to receive the best care and management they require.
Learn more about the types of Israeli wills we offer to support an optimal transfer of the inheritance.
Drawbacks of Having No Will for Israeli Inheritances
Without a proper will in place, the division of assets amongst the heirs follows strict Israeli intestate law, which does not take into consideration what is in the best interest of the Israeli property or business and the people involved. All sorts of complications can arise in such cases:
- Stress and uncertainty because there is no succession plan,
- Familial disagreements and conflict concerning how to manage the Israeli assets,
- Property neglect, delays in care, and financial arrears when uncertainty and disagreements among new owners burden the management of inherited Israeli assets.
At a time when grieving family members should be coming together and diligently handling the deceased’s assets, having no will for an Israeli inheritance takes time and energy away from what’s most important.
Intestate inheritances can best be supported by the right probate attorney in Israel to guide the family and protect its assets through the process.
Having the Right Attorney for Wills and Probate in Israel
As a specialist in Israeli succession planning, executing Israeli estates, and handling intestate inheritances in Israel, I’ve seen time and again the confusion among families that results when a succession plan is not in place. This is why I always work swiftly and diligently to review and confirm all pertinent titles and documentation with the court and help ensure proper transfer of ownership. My firm and I handle all court appearances in Israel on behalf of clients living abroad, and I work closely with clients, guiding them through each step of the Israeli intestate process.
I work closely with family members to help them quickly identify their best plan forward for handling their Israeli inheritance. This reduces uncertainty and delays in asset management. Contact us today for a complimentary consultation.
