Eli Shimony - Israeli law firm who represent on all civil/commercial legal issues in Israel.
For any questions please contact us and we will be happy to assist. Email: [email protected], Tel: +972-52-2769773, +972-3-5507155.
Many Israeli citizens reside outside of Israel, whether temporarily or permanently. However, most Israelis residing abroad have first-degree relatives in Israel, and some of them even hold various assets in Israel. Naturally, in the ordinary course of life, we all need from time to time to deal with inheritances and estates, whether these are assets we inherited or assets we intend to bequeath in the future. When an Israeli citizen who does not reside in the country desires to put in order his future estate, or alternatively is entitled to an inheritance from a deceased relative who resided in Israel, it is recommended for him to approach an inheritance lawyer in Israel. Laws dealing with inheritances and estates change from country to country, and it is recommended to hire a lawyer who is knowledgeable about the inheritance laws applicable in Israel, to guarantee the best possible protection of your rights and interests. A foreign lawyer, who is not familiar with all details of Israeli law and is not acquainted with the Israeli legal system, will just not do.
Receiving an inheritance order or order of probate
When a person passes away in Israel, before it is possible to inherit him or her, it is first necessary to receive an inheritance order or order of probate. An order of probate is required when the deceased leaves behind a last will, while an inheritance order is required when he did not leave behind a will, and the estate is to be distributed according to the provisions of the Inheritance Law, 5725-1965. Issuing the orders as foregoing is a legal-bureaucratic process that is best carried out through a lawyer. When the heirs in whole or part do not reside in Israel, it becomes even more important to approach an inheritance lawyer in Israel. By approaching a lawyer familiar with Israeli inheritance laws, you can take care of the inheritance's management without being present in Israel, while still remaining secure that the inheritance is managed properly and lawfully pursuant to the Israeli procedure, so that you know that full fulfillment of your rights is guaranteed. For example, one of the unique features of Israeli law with respect to inheritance is the parallel authority of the rabbinical court to deal with the matters of inheritance and wills. When the discussion is held in the rabbinical court, a foreign lawyer, who is not thoroughly familiar with the Israeli legal system and with the manner of litigation in the rabbinical court, will not be able to optimally represent your interests. Therefore, it is always recommended to seek advice and legal representation from an Israeli lawyer dealing in the field of inheritance and wills.
Preparing a valid will in Israel
In case that a person residing outside Israel bequeaths assets in Israel or his heirs reside in Israel, even if the will was prepared outside Israel, still when his heirs desire to exercise it in Israel they will have to apply for an order of probate. In case the will is not written in Hebrew, it must be translated by a certified notary public prior to the application. In addition, when the will is given outside Israel, it is also necessary to establish that it does not violate the substantive inheritance laws of the country where it was given. Therefore, when a person resides outside Israel, but his heirs and assets are in Israel, it is recommended to prepare a will with an inheritance lawyer in Israel. Approaching an inheritance lawyer in Israel will provide you and your heirs with a will prepared and given in Hebrew in Israel, in accordance with the Israeli inheritance laws, both with respect to the form and effect of the will and with respect to the will's material content. This way, it will be easier for the inheritors when in the future they apply for an order of probate with the inheritance registrar.
Eli Shimony - Israeli law firm representing clients on all civil/commercial legal issues in Israel. For any questions please contact us and we will be happy to assist.
Email: [email protected], Tel: +972-52-2769773, +972-3-5507155.
The above article is a general information only and it is not intended to replace a legal advice.