Most people prefer not to think about this, but the truth is that life is temporary. After a person’s death, the fate of their property must be decided. Inheritance is a universal practice of passing on property, as well as rights, obligations, debts and even titles.
But although the practice itself appears in some form in all cultures, inheritance rules are subject to jurisdiction where the deceased person dies or owns property at the time of death.
Inheritance in Israel is governed by the 1965 Succession Law (‘Succession Law’). Israeli courts have jurisdiction over the property of any person who was a resident of Israel at the time of his death, or who left property in Israel.
The assumption of default in this law is stated in article number 1 of the Succession Law, namely that a person’s inheritance passes to his heirs after his death. This includes fiscal assets, real estate, copyrights, etc.
The law stipulates two ways to inherit assets: by will or by law. If the deceased has left a will, the inheritance will be distributed according to the heirs specified in the will. If the deceased does not leave a will, the heirs are the people determined by law, according to the order of inheritance. This is:
– The spouse of the deceased at the time of death (the only relationship mentioned here that is not related to the deceased by blood; this may include common law spouses),
– Descendants of the deceased, including illegitimate and adopted children and their descendants,
– Parents, grandparents, and descendants of the deceased.
– In the absence of such heirs, the State of Israel inherits the estates.
The inheritance will be divided equally between the deceased’s spouse (one part) and the deceased’s children (the other part, to be divided equally between them). These heirs take precedence over the deceased’s parents and their descendants, who in turn take precedence over the deceased’s grandparents.
The spouse will inherit the entire estate only if the deceased has no children, siblings or parents. Otherwise, the spouse is entitled to half the property if the deceased leaves children or parents, and two-thirds of the property if the deceased leaves grandparents, siblings or other relatives. The spouses are also entitled to inherit the deceased’s movable assets, including motorized vehicles, which are part of the joint household.
It is important to note that assets belonging to the surviving spouse are not part of the inheritance to be inherited. This may include up to half of the value of the couple’s assets, due to the operation of the Spouses (Property Relations) Act 5733 – 1973, the principle of joint property ownership, or property relationship agreements (eg, prenuptial or ‘prenuptial’ agreements).
The right to maintain the estate also extends to the deceased’s children until the age of 18 (a court may grant custody until an older age in some circumstances), or to parents who need financial support and are dependent on the deceased. before his death.
According to article 6 of the Law of Succession, an heir can refuse to inherit his share of the inheritance, provided that it has not been distributed.
In the case of inheritance without a will, the distribution of inheritance to heirs according to law begins with a request for an inheritance order. This request may be submitted to a branch of the Bureau of the Registrar of Succession or to one of the rabbinical courts in Israel.
A succession order is a valid court order. Like a court order, it is not subject to obsolescence, and can be enforced years after it was issued. The order did not specify the details of the distribution of assets among the heirs, but only determined the identity of the heirs and their respective inheritance rights.
Succession requests must be accompanied by several documents (one original in addition to three copies):
– Two receipts: proof of payment of government fees upon request, from the Postal Bank of Israel.
– Succession Order Application Form signed by the sender, who must be the heir, land manager, or heir creditor. The sender’s declaration must be verified by a lawyer, notary, judge or chairman of the local council.
– Original death certificate or copy according to the original.
– Notification to all remaining heirs notifying them of the Request for Succession Order, including signatures of the heirs mentioned above or confirmation of delivery of notification by registered mail.
It is advisable to consult an attorney regarding the exact procedural requirements of the process for requesting a Succession Order. In the event that a request for an order is made by a power of attorney on behalf of an interested party, it must be accompanied by the original Power of Attorney or a copy that is in accordance with the original.
The Registrar of Succession or the courthouse can cancel or modify Succession Orders (or Probate Orders, which are discussed in a separate article). If the order is given by a court, only the court can cancel or change it. Any interested party may request to cancel the Succession Order; This right is not limited to the heirs of the estate. One of the most common examples of cancellation of a Succession Order is when after the order has been given it turns out that the deceased actually left a will. In such case, the Succession Order may be canceled and a probate order must be requested in relation to the will.
It is important to note that there is no Land Tax in Israel.
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