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.