Inheritance law in Israel – Inheritance by law
Most people prefer not to dwell on this issue, but the fact is that life is fleeting. After the death of an individual, the fate of his property must be decided. Inheritance is the universal practice of transmitting property, as well as rights, obligations, debts and even titles.
But although the practice itself appears in some form in all cultures, the rules of inheritance are subject to the jurisdiction where the deceased (deceased) died or owned property at the time of death.
Inheritance in Israel is governed by the Inheritance Act 1965 (“Inheritance Act”). Israeli courts have jurisdiction over the estate of anyone who at the time of death was a resident of Israel or who left property in Israel.
The default presumption of the law is set out in section number 1 of the Law of Succession, which is that a man’s inheritance passes to his heirs upon death. This includes your tax assets, real estate, copyrights, etc.
The law stipulates two ways to bequeath assets: by will or by law. If the deceased has left a will, the inheritance will be divided according to the heirs stipulated in the will. If the deceased has not left a will, the heirs will be those determined by law, according to the order of inheritance. These are:
– The spouse of the deceased at the time of death (the only relationship mentioned here that is not a blood relative of the deceased; this may include a common-law spouse),
– The offspring of the deceased, including illegitimate and adopted children and their offspring,
– The parents, grandparents and descendants of the deceased.
– In the absence of the aforementioned heirs, the State of Israel inherits the inheritance.
The inheritance will be divided equally between the spouse of the deceased (one part) and the children of the deceased (the other part, to be divided equally between them). These heirs take precedence over the deceased’s parents and their offspring, who in turn prevail over the deceased’s grandparents.
The spouse will inherit the entire estate only if the deceased has no children, siblings or parents. Otherwise, the spouse is entitled to half of the estate if the deceased is survived by children or parents, and to two-thirds of the estate if the deceased is survived by grandparents, siblings, or another relative. The spouse also has the right to inherit the personal property of the deceased, including motor vehicles, that were part of the shared home.
It is important to note that the assets that belong to the surviving spouse are not part of the estate to be inherited. These may include up to half the value of the couple’s assets, due to the operation of the Spouses (Property Relations) Act 5733-1973, the principles of joint ownership of property or a property relations agreement (for example , a prenuptial agreement). or ‘prenuptial’).
The right to alimony from an inheritance is also granted to the deceased’s children up to the age of 18 (the court may award alimony up to a later age in some circumstances), or to parents who need financial assistance and were dependent on the deceased . before his death.
According to article 6 of the Law of Succession, an heir can refuse to inherit his part of the estate, provided that the estate has not yet been distributed.
In the case of inheritance in the absence of a will, the distribution of the inheritance to the heirs in accordance with the law will begin with the request for a succession order. This application can be delivered to a branch of the Succession Registry Office or to one of the rabbinical courts in Israel.
The order of succession is a valid court order. Like a court order, it is not obsolete and can be enforced years after it is issued. The order does not specify the details of the distribution of the assets among the heirs, but only decides on the identity of the heirs and their respective inheritance rights.
The application for an inheritance order must be accompanied by several documents (one original together with three copies):
– Two receipts: proof of payment of the government fee upon application, from the Postal Bank of Israel.
– A Succession Order Request Form signed by the sender, who must be an heir, administrator of the estate or creditor of an heir. The sender’s declaration must be verified by a lawyer, notary, judge or the head of the local council.
– Original death certificate or true copy of the original.
– Notices to all the remaining heirs notifying them of the Order of Succession Request, including the signatures of the aforementioned heirs or confirmation of delivery of the notices by certified mail.
It is recommended that you consult an attorney regarding the exact procedural requirements of the probate order application process. When the request for the order is made by a lawyer on behalf of an interested party, it must be accompanied by an original power of attorney or a true copy of the original.
An Order of Succession (or Order of Succession, discussed in a separate article) can be annulled or modified by the Registrar of Probate or a court. If the order was granted by a court of law, only a court of law can overturn or amend it. Any interested party can request the annulment of a succession order; this right is not limited to the heirs of the inheritance. One of the most common examples of annulment of an order of succession is when, after the order is issued, it is discovered that the deceased had left a will. In such a case, the order of succession may be set aside and an order of succession must be requested with respect to the will.
It is important to note that there is no inheritance tax in Israel.