Property lawyer Israel

Property lawyer Israel
Property lawyer Israel

Israeli property

The nature of the real estate market in Israel provides both stability and relatively high capital gains.

Investments in Israeli property create both a passive and active income for the investors. If the investor rents out his property then he will collect rent money as well as reap the benefits of the steadily rising value of his property.

Moreover, the features of minimum taxes, clear laws, rules for fair play in the market, and the possibility of buying houses and apartments by foreigners, all make Israel very attractive for investments.

We all recognize the potential financial rewards of investing in properties, however, buying and selling properties in Israel is highly complex.

There are many factors to be considered and you need an expert in Israeli property law to guide you through the process.

Hiring an Israeli property lawyer

Purchasing or selling a property is one of the most crucial life events. You want to make sure that this life event goes smoothly.

Shifting means new starts, new possibilities, and new adventures. However, property law can be very complex and difficult for an average person.

Hiring a property lawyer that has specialties in real estate and especially in real estate in Israel is the best way to ensure that you have all the bases covered up and this important life event runs smoothly.

Problems involving property

There are numerous legal problems related to property that easily get out of control by a normal person.

Verification of ownership is the most important part of a property deal. This is because some people can produce fake documents, and some can easily get victimized by such people.

All the documents must be correct and in order, as you might become a victim of a legal case for an unowned or illegal property.

Israeli real estate encompasses many facets of a property including development, appraisal, leasing, selling, and much more.

Most of the land in Israel is jointly owned by The State, The Development Authority, and the Jewish National Fund. The law forbids transferring such land however it can be leased for a long period.

Thus, Israeli law for the property is fairly complicated to cover every possible situation.

Benefits of having an Israeli property lawyer on your side

Property lawyers are familiar with property law and business climate.

Property lawyers apply the law better than the average person as they are more familiar with the legal language, which results in a better deal for you.

They make sure that each decision you make is completely informed and advise you on the terms and contents of any contract you sign.

Verification of the owner’s rights is a very important yet underrated part of the real estate purchase process. The history of the property and its boundaries are verified in this process so that your land cannot be contested later.

Property disputes are very common nowadays. A property Lawyer will help you if you ever find yourself involved in any problem regarding your property.

First of all, if you hire a property lawyer before making any deal, he will make sure to verify each and everything so that nothing goes wrong in the future.

However, it’s never too late to hire one. A property lawyer is always there to help if you find yourself in a problem. They are skilled and their years of experience in arguing these matters by law increase your odds of success.

Executing a will in Israel

Executing a will in Israel
Executing a will in Israel

The fact that Death is certain is undeniable, and upon the death of a particular, the fate of his estate is decided.

The succession Law of 1965 is followed in Israel for succession. The Israeli Law States that the estate of the decedent is passed on to its heirs.

A will is a way of making sure that the distribution of the estate of the decedent is per his wishes.

In the presence of a will, the heirs will be the particulars mentioned in the will and the property will be distributed following the will.

In the absence of a will, the heirs will be the closest relatives of the deceased and according to the order of succession set by the Israeli Succession Law.

Will Probate order

After the death of the testator, one who has made a will, a Will Probate Order in Israel is needed for the legal validity of a will.

A Will probate order can be applied by anyone cited in the Will or anyone else interested in getting probate.

The application should be submitted to Succession Case Registrar with the followings

  • Two paid vouchers. Paid either in the postal bank or through the internet.
  • Form of application of Will Probate Order filled and signed by the applicant and authenticated by a lawyer, judge, or local authority.
  • Original Death certificate.
  • Original Will. In case of a copy of the Will, an application for the reason for not submitting the original will be attached.
  • Proof of notification to all the heirs.
  • An original power of attorney in case the application is represented by a lawyer.

All documents should be submitted in four sets consisting of one original set.

Will of a foreigner

If the decedent was not a residence of Israel, the above-mentioned documents along with the following are needed

  • Proof that there is any property or a bank account in the name of the decedent within the jurisdiction of the Registrar where probate application is submitted.
  • Any document with the rubber stamp seal of the Israeli council of the state where the decedent resided.
  • Translation of those documents into Hebrew that are written in any language other than English and Arabic.

Objection to probate

After the application is submitted for Probate Order, they are publicized in the press and Reshumot.

Objections can be lodged within 14 days of publication. However, in some special cases, a later date can be fixed by a registrar or court.

The objection to the grant of probate has to be submitted with a written Affidavit to the Registrar. The number of copies should be equal to one more than the total parties in the case. For all the parties and the court. The objection must contain the followings

  • Subject matter for the objection of the Order.
  • Grounds for Objection.
  • Documents supporting the base of Objection.
  • An Affidavit that is authenticated by a lawyer.
  • Receipt of payment of the prescribed fee.
  • An original power of attorney in case the application is represented by a lawyer.

The Probate Order are most likely to invalidated in the following scenarios

  • A Will of the deceased later than the one on which the probate order was given.
  • A Will having defects or not reflecting the true wishes of the deceased.
  • A Will made under pressure, threat, or force.

Execution of Will in Israel

If no Objection is lodged after the submission for the Probate Order, it is forwarded to the Administer General who may approve it after checking everything.

The Succession Cases Registrar will Issue a Will Probate Order only after the receipt of the Administer General’s response and the time for an objection has passed.

Property inherited in Israel

Property inherited in Israel
Property inherited in Israel

Israeli inheritance process is complicated for foreigners. However, with the help of an inheritance lawyer in Israel, things can take an easy turn for international heirs. Upon the death of a family member, the property owned by him must be distributed among family members or claimed by an individual through the law of succession or probate order.

Inheritance in Israel refers to passing down assets as well as property, obligations, rights, debts, and even titles. The law of succession in Israel is complex and requires the legal assistance of an Inheritance attorney.

Inheritance of property occurs in all cultures but the rules concerning inheritance are subject to jurisdiction. The Israeli inheritance is governed by the Law of Succession which was passed in the year 1965.

The Israeli courts, also known as the family courts have jurisdiction over the assets and property of someone who left all of it in Israel at the time of his death. In section 1 under the Law of Succession, it is clearly stated that the assets, wealth, and property of a deceased person will automatically be passed on to his heirs by default. This might include intellectual property, personal property, assets, title, liquid money, etc.

How are assets and real estate bequeathed in Israel?

The Succession law of Israel states two ways to bequeath the real estate and assets of a deceased person: by law or by will. If the deceased has left a will, the assets and estate will be distributed or passed down as per the stipulations mentioned in the will. If you need assistance in understanding your deceased ancestor’s will, it is recommended to hire an inheritance attorney.

If the deceased has not left a will, the law becomes a bit more complicated and requires a good understanding of inheritance law from a well-versed Israeli Inheritance lawyer.

According to the Israeli law of inheritance, here are some ways that wealth is distributed among the heirs:

The deceased person’s spouse will get 50% of the wealth if it is in real estate. However, she/he will receive 100% if the wealth is in non-estate form, which is liquid cash or in form of assets.

The deceased person’s offspring will receive 50% of the real estate property (if any) and 0% of the non-estate property, which is in the form of pension funds, chattels, bank balances, or cars.

In the absence of heirs, Israel inherits the estate as well as non-estate wealth. However, the state has to keep the wealth and estate property for certain years.

The spouse of the deceased person is entitled to 100% estate as well as a non-estate inheritance if the deceased has no children, parents or siblings. If the siblings or parents of a deceased person are alive, the spouse is only entitled to two-thirds of the inherited property.

According to section 6 of the Law of Succession, an heir might also refuse to take the inherited property before it is distributed by the state of Israel.

What is succession order under the Law of Israel?

In the absence of a will, the distribution of inherited property begins with a request through succession order. The succession order is applied by a relative to any religious court. It is a valid yet powerful judicial order and can be enforced by the relative following its issuance.

Here are the documents that you need to file a succession order:

  • Foreign law opinion (if you are a foreigner)
  • A petition including correct translation
  • A succession order along with the affidavit signed by the petitioner
  • The original death certificate of the deceased person

Those who file for succession orders must know the exact procedural requirements or else, their request can be denied. An inheritance lawyer in Israel can help you in all the legal matters regarding inheritance.

Probate court Haifa

Probate court Haifa
Probate court Haifa

Death is inevitable. The fate of the property and assets of a person is decided upon his death.

The Israeli Succession law of 1965 is followed in Haifa. According to this law, the property of the deceased is passed to his heirs as mentioned in his will.

However, in the absence of a will, the heirs are the closest relatives in the order set by the Israeli Succession law.

How to get Probate Order from Haifa’s Probate Court

The person who made a Will called the testator, after his death someone has to submit an application to the Succession Cases Registrar for the validity of the will.

A Will is legally valid only after the Will Probate Order is passed. To get a Probate Order, an application along with the following documents is needed.

  1. Two paid vouchers. Paid either in the postal bank or through the internet.
  2. Form of application of Will Probate Order filled and signed by the applicant and authenticated by a lawyer, judge, or local authority.
  3. Original Death certificate.
  4. Original Will. In case of a copy of the Will, an application for the reason for not submitting the original will be attached.
  5. Proof of notification to all the heirs.
  6. An original power of attorney in case the application is represented by a lawyer

All original documents along with four copied sets have to be sent to the Succession Cases Registrar’s office to get A Will Probate Order.

For Foreigner having property in Haifa

If the decedent was not a resident of Israel, some additional documents are needed as well

  1. Proof that there is any property or a bank account in the name of the decedent within the jurisdiction of the Registrar where probate application is submitted.
  2. Any document with the rubber stamp seal of the Israeli council of the state where the decedent resided.
  3. Translation of those documents into Hebrew that are written in any language other than English and Arabic.

How to Object to Will Probate Order in the court of Haifa        

After the submission of an application for a probate order, they are publicized in the press and Reshumot, so any objection can be made.

The objection to Will Probate Order can be lodged within the 14 days of publication of the Order. However, in some cases, the registrar or the court can fix a later date.

The objection to the Probate Order should consist of the following.

  1. A Written Affidavit containing the following.
  2. Subject matter for the objection of the Order.
  3. Grounds for Objection.
  4. Documents supporting the base of Objection.
  5. An Affidavit that is authenticated by a lawyer.
  6. Receipt of payment of the prescribed fee.
  7. An original power of attorney in case the application is represented by a lawyer
  8. Copies of documents equal to the total number of parties present in the case.
  9. One copy for the court.

When a will probate order is invalidated?

The Will Probate order is mostly invalidated when.

  1. A Will of the decedent is found, later than the one on which the probate order was given.
  2. A Will having defects or not reflecting the true wishes of the deceased.
  3. A Will made under pressure, threat, or force.

And some other scenarios depending on the type of case.

The Final step

If an application is submitted for Will Probate Order and there is no objection within the given time after publication, the application is moved to Administer General.

The Administer General as he finds suitable, forward it to a family court for a hearing or request more detail from the applicant. His approval is necessary for the Order.

After the completion of all these steps, the Succession Cases Registrar issues a Will Probate Order that is the validity of the Will.

However, in case of an objection, the matter is forwarded to court instead of the Administer General. Further steps are taken according to the case.

Probate estate in Jerusalem

Probate estate in Jerusalem

Let’s say you have an uncle who also had property in Jerusalem. He did not marry and had no kids but he made sure not to break contact with you and even assured that his home in Jerusalem would be yours once he passed away. For this very reason, he even gave you a copy of his will.

If he is deceased, you can claim your uncle’s estate in Jerusalem through a probate order. The land registry of Israel requires the heir to come with a probate order to transfer the beneficiary under any foreign (US) will.

Claiming a probate estate in Jerusalem

To start the probate estate process in Jerusalem, you need an Israeli probate lawyer to file the probate petition. The probate is prepared, filed, and submitted to the registrar’s office of probate in Jerusalem. As per the Law of inheritance in Jerusalem, the matter of inheritance will automatically be transferred to a religious family court.

The first thing a person has to do is sign the power of attorney. The power of attorney gives all the rights to a probate lawyer in Israel to handle the estate matter. Most of the time, foreigners do not know Hebrew. So, they cannot sign the document in Hebrew. For that, the probate attorney has to verify the signature and on the probate petition.

With that being said, both the petition and the power of attorney must be translated into English to go further with the process.

The petition of the probate estate is like an affidavit form that contains all the information such as the name of the deceased person, name of the heir, date of death, names of beneficiaries, place of death, and even the passport number. The type of assets and location of the estate properties are also included in the petition.

The documents required to file a probate petition must be signed by an apostille (if you are an international resident) or by an Israeli consulate.

The Israeli probate for a US will is very complicated as compared to probate for an Israeli will. Filing probate for the US will require additional documents. You cannot handle the process alone. That’s why you need a probate lawyer in Jerusalem to handle the inheritance matter legally.

Power of attorney for a probate estate in Jerusalem

Power of attorney gives your probate attorney the power to handle the matter on your behalf. It comes in all shapes and sizes. When dealing with Israeli inheritance law, here are the two types of power of attorney you should know of:

The specific power of attorney

If you want an Israeli lawyer to handle your probate estate or to represent you in the sale of a property and the court, you would need to sign a special power of attorney. No Israeli court will take action on your case unless your lawyer presents an authorized power of attorney in the court.

If you live in Israel, you can easily apply for power of attorney through your probate lawyer. However, if you are an international resident, we suggest you hire a probate attorney to get it signed by an Israeli apostille.

Irrevocable power of attorney

This type of power of attorney is used in real estate transactions. What happens is that the seller signs the document, allowing the probate lawyer to transfer all the rights to the heir, as mentioned in the agreement.

If you live abroad but have an estate that you want to claim through the law of inheritance, you can consult an international probate lawyer in Israel and do it fairly yet legally.

Trusted property lawyer Israel/Tel Aviv

Trusted property lawyer Israel/Tel Aviv
Trusted property lawyer Israel/Tel Aviv

The state of Israel is one of the appropriate places to invest in real estate. The laws and rules are clear, the estate market is low, minimum taxes and huge possibilities for foreigners to invest in all sorts of real estate properties. While the real estate market is very attractive in Israel, the legal side of the process makes things a little bit complicated. Real estate transactions play a significant role. Therefore, you must consult a trusted property lawyer in Israel before investing in any Israeli estate.

Real estate lawyers in Tel Aviv

Real estate lawyers in Tel Aviv have a thorough and intimate understanding of Israeli properties and the complexities of various Israeli laws concerning real estate.

However, if one seeks assistance from a trusted property lawyer, he can identify good neighborhoods, avoid pitfalls as well as scams. In addition to that, he can also negotiate with the help of his property lawyer and get a huge return on investment.

The practice areas of property lawyers in Tel Aviv are beyond paperwork and legal representation.  They do not only secure independent appraisals but also determine the quality of assets you are about to invest in.

Tel Aviv is known as the hub of lawyers. Here, you would find the right property lawyer to handle your real estate matters.

Services of Property Lawyers in Israel

  • Transfer and register all property rights under relevant authorities of Israel
  • Represent landlords and tenants in commercial leases
  • Provide legal representation and assistance regarding real estate taxation in Israel
  • Represent a client in the sale and purchase of a residential or commercial property
  • Provide legal assistance in negotiating the terms and conditions of a mortgage
  • Provide legal representation in court if you have a dispute regarding a land, property, or commercial title
  • Conduct due diligence regarding real estate’s acquisitions
  • Prepare contracts for selling and purchasing commercial or residential real estate in Israel
  • Search about the title and all the legal rights associated with a property, including obligations and ownership rights

How does a property lawyer negotiate real estate contracts in Israel?

In the state of Israel, the contracts of real estate are negotiated by the property lawyers of the parties. However, they are not determined strictly by the state government.

Contracts are only signed after the exchange of real estate agreements that also comply with Israeli estate laws.

The property lawyer of each party is responsible to provide relevant documents and proof of ownership in a real estate transaction.

An international property attorney in Israel, Tel Aviv represents foreigners who want to invest in Israeli property but cannot come to the country.

What should you know before purchasing a real estate property in Israel?

If you are considering investing in an Israeli property, you need thorough information about all the real estate laws in Israel so that the process goes smoothly for the seller as well as you, the buyer. Upon purchasing the property, you would have many questions such as the specific real estate tax associated with the property, attached obligations, contract negotiations, commissions, legal fees, and much more.

It is best to consult a property lawyer in Tel Aviv as property lawyers have extensive knowledge of the real estate market and laws. When it comes to investing in a real estate property, there are many things to do: deciding on a location, paying specific property taxes, obtaining legal rights, estimating the cost of living at the property, and determining the asset’s quality. To ease the property-purchasing process, you should seek help from a reputable and experienced property lawyer in Israel, who is well-versed in all Israeli laws concerning real estate.