Expert-jurist, member of the Committee of Inheritance, Kollegiya Advokatov
Making a will is an important legal action that allows each person to determine how his property will be distributed after his death. To prevent future disputes between heirs and ensure the validity of a will, it is recommended to get legal help from a lawyer specializing in wills. The lawyer will ensure that the will meets the requirements of the law, is understandable and reflects the will of the testator.
What is legal assistance in drafting wills?
Making a will is a significant legal action, allowing each person to determine how their property will be distributed after their death. To prevent future disputes between heirs and ensure that the will is valid, it is recommended to obtain legal assistance from a lawyer who specializes in wills. A lawyer will ensure that the will meets the requirements of the law, is clear, and preserves the testator's wishes.
What is a mutual will?
A mutual will is a unique legal document that a couple makes together, in which they agree to bequeath their property to each other or to third parties according to mutual agreements. This will provides stability and security for the couple, but it requires strict legal rules to prevent changes
What is a will before an authority?
A will before an authority is one of the four wills recognized in the inheritance law in Israel. It is a will that is drawn up before an authorized body, such as a judge, a registrar of inheritance or a notary. This will has a particularly high legal validity, because it is made before an official body that verifies the testator's competence and intentions.
What is legal assistance in amending and changing an existing will?
Every testator may change or revoke his will at any time, but amending a will requires legal precision to prevent future disputes. Changing a will requires compliance with the requirements of the law and ensuring the testator's wishes in an irrefutable manner.
What is a will enforcement order?
A probate order is a legal document that requires the fulfillment of the will's provisions after the testator's death. In order to implement the contents of the will, the heirs must submit an application for a probate order to the Registrar of Inheritance or to the Rabbinical Court, in accordance with the testator's wishes and the law of inheritance.
What is an objection to a will?
When heirs or interested parties believe that a will contains a legal defect, is suspected of forgery, undue influence, duress, or that the will was not valid at the time it was made, an objection to the probate order may be filed. This procedure is designed to examine the validity of the will and ensure that it faithfully reflects the testator's wishes.
What is estate administration?
Estate administration is a legal process that aims to distribute the testator's assets in accordance with the provisions of the will or the law of inheritance. When there are disputes between heirs or assets are complex to distribute, an estate administrator can be appointed to handle everything necessary to ensure a proper distribution.
What is an inheritance order?
A will is a legal document issued when a person dies without a will (intestate succession), which determines who the heirs are and how the estate will be divided in accordance with the law of succession. This order is an official document that grants the heirs ownership rights to the deceased's property.
What is an inheritance dispute?
Legal assistance in managing inheritance disputes What is an inheritance dispute? Disputes between heirs can arise due to different interpretations of the will, claims of undue influence, deprivation of an heir, suspicions of will forgery or disagreements regarding the distribution of the estate. In such cases, it is important to obtain legal assistance that will ensure a just and fair solution.
What is disinheritance?
What is a disinheritance? An heir may waive his or her share of the estate, in whole or in part, in favor of another heir or a third party. This procedure is called disinheritance, and it allows heirs to waive their right to the estate for various reasons, such as a desire to avoid family disputes, debts in the estate, or to transfer the property to a preferred party.
What is the division of an inheritance between heirs?
When a person dies and leaves behind assets, their estate must be divided among their heirs. The division can be made according to the provisions of the testator's will, or according to the law of inheritance in the event that no will was made. This process can be complex, especially when there are differences of opinion among the heirs.
What is the invalidity of a will?
A will invalidation is a legal process that aims to cancel the validity of a will, when there are legal grounds that justify it. A petition for the invalidation of a will can be filed with the court in cases where the will was made under duress, undue influence, an impaired mental state of the testator, or failure to comply with the legal requirements for making it.
What is an agreement between heirs?
Legal assistance in drafting an agreement between heirs What is an agreement between heirs? An agreement between heirs is a legal document that regulates the division of the estate in an agreed manner between the heirs, in order to prevent disputes and ensure that each heir receives his share in accordance with the family agreements. The agreement can be drafted in the case of inheritance by will or inheritance by law.
What is the appointment of a guardian for an estate?
When an heir is unable to manage his or her affairs due to minor age, mental incapacity, or a medical condition that limits him or her, a guardian of the estate may be appointed to administer his or her share of the inheritance and act in his or her best interests. This guardian will be responsible for managing the assets, making financial decisions, and safeguarding the interests of the decedent in accordance with court instructions.
What is a mutual will?
What is a mutual will? A mutual will is a will made between spouses, in which they mutually determine how their property will be divided after the death of one of them. This will ensures that the property will be transferred as agreed upon between the spouses, while limiting the possibility of unilaterally changing the will after the death of one of them.
What is the inheritance of a publicly known spouse?
According to the Inheritance Law, a common-law spouse is entitled to inherit from the deceased even if they were not married to him, provided that the conditions of the partnership were met. A common-law spouse enjoys the same inheritance rights as married spouses, but sometimes it is necessary to prove the existence of the partnership in order to exercise these rights.
What is inheritance of assets abroad?
When the deceased has assets in a foreign country, a special procedure is required to recognize a succession order or probate order in that country. Each country operates under different inheritance laws, so there is a need for legal adaptation and an understanding of local laws in order to properly realize the inheritance.
What is a legal opinion in the field of inheritance?
A legal opinion in the field of inheritance is a professional document that provides an in-depth legal analysis of issues related to wills, inheritances, and the distribution of estates. Such an opinion may be required by private clients, courts, heirs, financial institutions, or government entities, in order to make informed decisions and understand legal implications.
What is inheritance taxation and how can you plan for estate tax?
There is no inheritance tax in Israel, but there are cases in which an estate may be subject to various taxes, particularly when there are assets abroad, rents, capital gains, or other tax liabilities related to the inherited assets. Proper estate tax planning can prevent unnecessary tax payments and ensure an efficient distribution of assets.
What is the registration of inherited assets?
After the distribution of the estate, it is necessary to register the rights to the inherited assets in the names of the heirs. This registration is carried out at the relevant institutions, such as the Taboo (regarding real estate), the Israel Land Authority, the Registrar of Companies (in the case of shares and business assets), or other financial entities. The registration process is essential to allow the heirs to exercise their rights to the assets and to avoid future legal complications.
What is mediation and out-of-court settlement of inheritance disputes?
Inheritance disputes between heirs can cause family tensions and lengthy and expensive legal proceedings. Mediation and out-of-court dispute resolution allow parties to reach agreements quickly, efficiently, and without complex litigation.
What is the drafting of affidavits and power of attorney for inheritance purposes?
Before death, legal affidavits can be made that indicate a person's wishes regarding the distribution of their property and the realization of their inheritance. In addition, a power of attorney can be granted to a lawyer, who can perform actions on behalf of the testator in matters of estate, asset management, dealing with authorities, and more.
What is an order for the enforcement of a will abroad and the recognition of foreign wills?
When the testator was a foreign citizen or left property in another country, the will must be recognized in the foreign country in order to properly realize the inheritance. These procedures may include legal translation, notarization, and official recognition of the inheritance order or will enforcement order in the foreign country.
What is a future guardianship determination?
Designating a future guardian allows any person to determine in advance who will manage their affairs in the event they lose legal capacity or become incapacitated. This is done through a durable power of attorney, which grants legal authority to an authorized representative to act on the person's behalf regarding their assets, health, and personal affairs.
What is the treatment of inheritance of a company or family business?
When a deceased person leaves behind a company, business, or shares, it is necessary to arrange the continuation of the business activity or the transfer of ownership to the heirs. This process includes legal, tax, and administrative aspects that require professional guidance to ensure business continuity and a fair distribution of rights.
What is inheritance planning and intergenerational asset transfer?
Estate planning is a strategic process that aims to ensure an orderly transfer of assets to the family and heirs, while minimizing disputes and wisely managing family wealth. With legal assistance, inheritance mechanisms can be defined so that assets are distributed according to the testator's wishes, while ensuring financial stability for future generations.
What are wills for people in special situations?
When a testator is in a complex mental or health condition, such as a legally incompetent, mentally ill, or elderly person in poor condition, it is necessary to ensure that the will is legally valid, was prepared out of free will and without undue influence.
What is the entitlement of a son who continues on an agricultural farm?
In agricultural farms and farming families, there are unique rules for inheritance and the rights of the successor son. The successor son is usually the one who has been defined in advance as the heir to the agricultural farm, and these arrangements are anchored in Israel Land Authority regulations and in internal family agreements.
What is the appeal procedure for decisions of the Probate Registrar and the courts?
Legal assistance in filing appeals against decisions of the Registrar of Inheritance and the courts What is the appeal procedure for decisions of the Registrar of Inheritance and the courts? When a decision is made by the Registrar of Inheritance or the court in will and inheritance matters that does not reflect the rights of an heir or an opponent of the will, an appeal can be filed to change or annul the decision. The appeal procedure requires in-depth legal analysis and the presentation of solid legal arguments
What are the social and pension rights of the deceased?
Legal assistance in redeeming the deceased's social and pension rights What are the deceased's social and pension rights? After a person's death, his heirs may be entitled to receive allowances, compensation and social rights from pension funds, national insurance, life insurance and further education funds. The exercise of rights requires contacting the relevant authorities and bodies in accordance with the law.
What are the rights of minors in inheritance?
When there are minors among the heirs, special applications must be submitted to the Family Court to approve the management of their assets. Minors cannot act legally on their own, so a guardian must be appointed to manage their share of the estate and ensure that their rights are preserved.
What is digital asset inheritance?
In recent years, people have been holding digital assets such as cryptocurrencies, online bank accounts, social media accounts, cloud files, digital intellectual property, and online financial accounts. As the value and complexity of these assets increase, there is a need to regulate their inheritance through a will.
What is legal advice for associations and institutions regarding wills?
Legal assistance in advising institutions and non-profit organizations regarding wills and estate donations What is legal advice for non-profit organizations and institutions regarding wills? Many non-profit organizations and organizations receive donations from estates and wills, but the legal process for realizing the inheritance may be complex and requires professional guidance. A lawyer specializing in inheritance issues assists non-profit organizations and public bodies in ensuring the transfer of assets according to the testator's wishes.
What is a will of trust?
Trust wills allow the testator to ensure the controlled management of assets after his death, by establishing a trust fund that will be held by a qualified trustee. This solution is particularly suitable in situations where there are minor heirs, dependents, or when the testator wants to control how his assets will be managed over time.
What is legal advice on inheritance matters according to religious law?
Legal assistance in advising on matters of inheritance according to religious law What is legal advice on matters of inheritance according to religious law? Anyone wishing to draw up a will in accordance with Jewish law, Islamic Sharia or any other religious law needs special legal advice to ensure that the will meets both religious and legal requirements. This type of will can be prepared in accordance with the instructions of the religious courts and receive their approval.
What is the transfer of assets during life as part of early inheritance planning?
In cases where people wish to transfer assets to their heirs while they are still alive to prevent family disputes and benefit from tax breaks, an orderly transfer can be made that will ensure proper utilization of the assets while preserving the rights of the parties.
What is an Expression of Interest document?
An advance directive is a binding legal document that allows a person to determine in advance who will be responsible for managing their affairs and ensuring their well-being in the event that they lose their legal capacity or find themselves in a situation where they are unable to make decisions for themselves.
What is real estate that is not registered in the land registry?
Legal assistance in handling heirs' rights in real estate not registered in the land registry. What is real estate not registered in the land registry? In cases where the deceased owned assets not registered in his name in the land registry, such as agricultural land, assets inherited from previous generations, or lease rights in various authorities, the legal registration of the assets must be arranged before they can be divided among the heirs.
What are the challenges in inheritances with assets abroad?
Legal assistance in handling complex inheritances with assets abroad and international taxation. When the deceased left assets in different countries, it is necessary to conduct international legal procedures that will ensure that the inheritance will be carried out in accordance with the laws of the relevant countries. In addition, taxation matters must be regulated in accordance with international agreements and fiscal laws in each country where the assets are located.
What is an institutional will?
An institutional will is a will intended to bequeath assets to institutions and organizations such as non-profit organizations, educational institutions, synagogues, charitable foundations, and other public entities. This type of will requires careful legal drafting to ensure that the assets are transferred in accordance with the testator's wishes and without legal disputes.
What is an objection to the appointment of an estate administrator?
When heirs object to the appointment of a certain person as estate administrator due to a conflict of interest, improper conduct, or fear of violation of their rights, an objection can be filed with the court in order to prevent his appointment.
When can a lawsuit be filed against an estate administrator?
Legal assistance in lawsuits against estate administrators for improper management When can a lawsuit be filed against an estate administrator? When an estate administrator does not perform his duties properly, causes unjustified delays, manages the estate with a lack of transparency, or acts contrary to the interests of the heirs, a legal lawsuit can be filed against him with the aim of replacing him or demanding compensation for damage caused.
What is the treatment of abandoned or unclaimed assets in an estate?
In cases where there are no known heirs or the heirs are not interested in the inheritance, the transfer of assets to appropriate authorities or institutions must be arranged. The assets may include apartments, land, bank accounts, and other assets that were left unclaimed after the deceased's death.
What is intellectual property inheritance?
Legal assistance in inheriting intellectual property (patents, copyrights, trademarks) What is intellectual property inheritance? Intellectual property includes copyrights, patents, trademarks, works of art, musical rights and brands. Unlike physical assets, intellectual property rights require unique legal planning to ensure their transfer to heirs while preserving their rights.
What is a will for a business partnership?
When a person is a partner in a business, it is necessary to plan in advance how the business will continue to be managed in the event of his death. A will relating to a business partnership defines mechanisms for the continuation of business activity and prevents disputes between heirs and the remaining partners.
What is the treatment of assets in expropriation or foreclosure proceedings after death?
Legal assistance in handling assets that are subject to expropriation or foreclosure proceedings after death If the deceased's assets are subject to government expropriation proceedings or foreclosure proceedings due to debts, the status of the property must be settled with the authorities before the inheritance is distributed. Expropriation can occur in cases of expropriation of land for public purposes, while foreclosure may arise from unpaid debts.
What is an objection to an inheritance order based on the rights of a former spouse?
In cases where a former spouse of the deceased claims rights to the inheritance, other heirs can file an objection and demand recognition of the inheritance according to the current marital status. Such claims may arise when a former spouse claims that they were in a valid marital relationship or that there are legal agreements that grant them rights.
What is inheritance of rights in a protected apartment?
What is the inheritance of rights in a protected apartment? When the deceased lived in a protected apartment, it is necessary to check which family members are entitled to continue living in the property in accordance with the Tenant Protection Law. Protected tenants enjoy unique residential rights that do not apply to regular properties, and therefore a thorough examination of the legality of the transfer is necessary.
How can inheritance money be released from the deceased's bank account?
Legal assistance in representing heirs with banks to release funds and accounts How can inheritance funds be released from the deceased's bank account? When heirs request access to the deceased's bank accounts, appropriate documents must be submitted to the bank, such as an inheritance order or a will execution order, and the release of the funds must be arranged in accordance with the law.
What is the inheritance of joint property?
Legal assistance in inheriting joint assets with third parties What is the inheritance of joint assets? When the deceased had assets that were held jointly with others (such as an apartment jointly owned with a business partner), it is necessary to arrange the division and prevent disputes between the heirs and third parties. Proper legal management ensures a smooth transfer of rights while preserving the rights of all parties.
What are the legal challenges in complex families?
In families with children from previous marriages, separated or publicly known spouses, disputes may arise regarding inheritance rights and the division of assets. The division of the inheritance should be arranged in advance and legal disputes between the various heirs should be prevented.
What are the legal challenges of heirs who lack Israeli citizenship?
When heirs are not Israeli citizens but have rights in the estate of a relative who died in Israel, it is necessary to arrange the registration and transfer of rights in accordance with Israeli and international law. This process requires compliance with various legal requirements and unique registration procedures.
What is the dissolution of a partnership in an estate?
When heirs are unable to reach an agreement regarding the division of joint assets, a dissolution of partnership estate procedure can be initiated in court. This procedure allows for an orderly distribution of assets in accordance with the law, while preventing delays and lengthy disputes.
What is a family contract for arranging future inheritance?
Families wishing to pre-arrange the division of inheritance among heirs, while maintaining healthy relationships and avoiding future conflicts, can draw up binding family contracts with the assistance of a lawyer. These contracts help establish mechanisms for the division of property, determine rights, and ensure the realization of the testator's wishes without disputes.
What are the rights of employees in an estate?
When the deceased employed employees (such as a housekeeper, nursing care workers, or other workers), their compensation payments and rights must be settled before the estate is distributed. These obligations apply to the heirs and the estate itself in accordance with labor law and the social rights of employees.
When can a lawsuit be filed against an heir who refused to pay estate debts?
When an heir receives property from the estate but refuses to bear the expenses or debts due to the other heirs, a legal claim can be filed against him. The debts of the estate include legal expenses, debts to creditors, taxes, and payments to employees the deceased employed.
What happens when a late will is discovered?
If, after the distribution of the estate, a later will is discovered, a legal process is necessary to recognize the new will, including a request to revoke the previous will and change the distribution of the inheritance in accordance with the testator's wishes as written in the later will.
What happens when an heir is in bankruptcy proceedings?
When one of the heirs is in bankruptcy proceedings, it is necessary to arrange the transfer of his share of the estate and prevent a situation in which the inherited assets are transferred to creditors or illegally seized. It is important to take legal action to ensure that the inheritance is distributed fairly and properly.
What happens when the deceased has no known heirs?
When a deceased person leaves an estate with no known heirs, the state may claim the assets in accordance with the provisions of the law. However, there may be distant heirs or relatives who are unaware of their rights, and they may file a lawsuit to have their rights recognized in the inheritance.
How to ensure the rights of disabled or protected heirs?
When an heir is disabled, dependent, or a minor, it is necessary to ensure that his share of the estate is managed in a manner that protects his interests, while preserving his rights and dignity. In such cases, it is sometimes necessary to appoint a guardian to manage the assets of the estate.
How to handle an inheritance that includes works of art or valuables?
In cases where an estate includes works of art, rare books or collectibles, it is necessary to determine how to divide them among the heirs or sell them in the most beneficial way. It is necessary to ensure that the assets are handled in a way that preserves their cultural and economic value.
What can be done when a family member is disinherited?
In cases where a family member has been disinherited following a will that so provided, it is possible to examine whether there is a legal basis to invalidate the will or challenge its content. The courts may intervene if the will was drawn up under undue influence, if there are legal defects, or if the disinheritance is contrary to the principles of justice.
How to deal with a dispute between heirs regarding joint property?
When heirs inherit joint property and one of them objects to its division or prevents its use, legal intervention is required. There are various ways to dissolve the partnership, whether through consent, legal proceedings, or forced sale of the property.
How can I receive funds from provident funds and insurance companies without a will?
In many cases, funds held in provident funds, pension funds, life insurance and continuing education funds are not part of the estate and can be received even without a will or probate order. The funds are transferred according to pre-determined beneficiaries or in accordance with the provisions of the bylaws of the body managing the fund.
