Learn all about Israeli Succession Law

23 Jul

The Israeli Succession Law 1965 (hereafter: the Succession Law) and the Succession Regulations 1998 are the main legislation governing the rights of successors and beneficiaries and the assets of deceased in Israel. The inheritance proceedings in Israel are considerably different from those dictated in the United States. Hence, when there are no complications and all parties consent to execute and distribute the estate, the procedures could be faster and usually less expensive from those accustomed in the U.S.

The article lists the legal procedures relevant for successors or beneficiaries and general aspects dealt with in cases of foreign residents having estates and inheritance rights in Israel.

Private international law: place of litigation and conflict of laws
Litigation in Israel: According to the Succession Law, the courts in Israel are authorized to judge in matters of inheritance of every person who resided in Israel at the time of death or a person who left property in Israel.
The choice of law is also set forth in the Succession Law: the Israeli court will apply the succession laws of the residence of the deceased at the time of death. This is the basic rule where there is a conflict of laws.

Probate and inheritance proceedings
We distinguish between two different situations:
a. Will – when the deceased left a will containing assets in Israel – the probate proceedings are initiated with filing a probate application for the competent authority in Israel: The Inheritance Registrar in the General Legal Guardian (executor) office of the ministry of justice.
b. b. No will – if the deceased left no will, the heirs by law are advised to submit an application for inheritance order to the Inheritance Registrar (the same authority mentioned in section “a” above).

 Executor of the estate
Section 78 of the Succession Law determines the court’s authority to appoint an administrator or executor for the estate (hereafter: “executor”). Although it is not obliged by law, most foreign residents choose to apply for an appointment of executor in order to ensure that the estate is managed legally and efficiently.

Dganit Toren, Adv. (Israel), L.L.M
D. Toren Law Offices is a civil and commercial Israeli law firm providing comprehensive business and legal solutions, tailored to meet the needs of clients in the United States and in Israel. Call us with any question: Tel: 1-818-986-7800 http://www.torenlaw.com

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