Inheritance and Wills in Israel
Maayan Abihssira, Notary
The firm acts on both sides of a death: beforehand, to organise a clear transmission, and afterwards, to carry the estate through to the registration of assets in the heirs' names. Being both a lawyer and a notary means the will and the proceedings that follow from it are handled in one place.
Drafting your will
A will does not merely divide assets: it prevents the division from happening against the deceased's wishes, or in conflict. Without a will, Israeli law applies an order of succession that does not always match what the person would have wanted, particularly where there are children from more than one relationship, a second spouse, or assets abroad.
The firm advises on both form and substance: what may be left and to whom, how to align the will with a marital agreement or a gift already made, how to appoint an executor, how to treat a family business or jointly held property. Many disputes between heirs are born of a will written in haste or drafted without regard to the formal requirements: an hour spent doing it properly often spares the children years of litigation.
The notarial will
Among the forms recognised by Israeli law, a will made before a notary offers the greatest security. The notary verifies the testator's identity, satisfies themselves that the testator understands the effect of the document and is acting freely, and then keeps the deed. Challenging it afterwards is significantly harder.
As a notary since 2018, Maayan Abihssira draws up such wills herself. For an elderly or isolated person, or where there is reason to fear that heirs will contest the testator's lucidity, this is the form to prefer.
Succession order, where there is no will
Where the deceased left no will, the heirs must obtain a succession order, which formally establishes their status and their shares according to the statutory order. The application is filed with the Registrar of Inheritance or, in certain cases, with the Family Court.
The firm gathers the civil status documents, identifies all the heirs, carries out the required notifications and follows the file through to the making of the order.
Probate of a will
Where a will exists, it takes full effect only once probated. The purpose of the proceedings is to have the will formally recognised so that beneficiaries can exercise their rights. It involves notifying the statutory heirs, who have a period in which to object.
The firm prepares and files the application, deals with any objections and represents its client if the challenge continues before the court.
Distribution and registration of assets
Obtaining the order is only one stage: the estate still has to be divided. The firm draws up an inventory, proposes terms of distribution, drafts the agreement between heirs where they are in accord, and carries out the formalities for registering real estate in the names of those entitled, at the Tabu or with the relevant body.
Estates that include real property are the ones that drag on longest, usually because nobody takes charge of the administrative side. The firm sees it through.
Disputes between heirs
Challenges to the validity of a will, doubts about the testator's capacity at the time of signature, suspicion of undue influence, an heir left out, disagreement over the valuation or allocation of an asset, an executor who fails to account: the firm argues these cases before the Family Court.
As in family matters, the route of agreement is explored first. A negotiated distribution costs less than two years of litigation, and leaves a family still able to speak to one another.
Franco-Israeli estates
A person resident in Israel with assets in France, or the reverse, raises questions of applicable law, recognition of instruments and cross-border formalities. Documents often have to be obtained in both countries, translated and apostilled, a French notaire coordinated with the Israeli procedure, and it must be established which law governs which part of the estate.
Trained in France and then in Israel, Maayan Abihssira handles such files regularly and may also be appointed as an expert in French law where an Israeli court has to apply a French rule.
Whether you wish to draw up your will or to settle an estate that has already opened, contact the firm. The first meeting is there to take stock of your situation and to set out the steps and the timescales to expect.