משרד עורכי דין ואקנין יריב

The principle behind drafting a will is simple. Every person owns their property during their lifetime. Justice therefore demands that they be allowed to determine what will happen to it after their death. A valid will prevents family disputes and settles the distribution of the estate clearly. Nevertheless, in 2026 we encounter many cases in which substantive or formal defects cause the state to invalidate a will. In this article we explain the grounds for invalidation and detail how we protect your interests throughout the process.

How Does a Court Actually Invalidate a Will?

After a person’s death, their rights pass to the heirs. The distribution is carried out pursuant to the Inheritance Law or in accordance with an existing will. Legal representation ensures an orderly distribution. Nonetheless, we sometimes identify defects that undermine the document’s validity.

When you file a justified objection, the Registrar transfers the case to court. The judge examines the evidence according to two cardinal principles: legal validity and faithful reflection of the deceased’s wishes. If we prove that either has been compromised, the judge will order the will’s invalidation.

Ground 1: Improper Involvement by a Beneficiary (Section 35)

A will must reflect a pure expression of intent. The law invalidates a will if one of the heirs took part in drafting it.

Presence at signing: if an heir was present in the room at the time of signing, the court may void that heir’s portion.
Influence over the wording: active involvement with the drafting attorney raises serious suspicion. In such situations we identify undue influence over the testator.

Ground 2: Will Made Under Duress or Violence

The law takes a serious view of threats or exploitation of vulnerability. We work to prove physical, psychological, or financial coercion in court. If the testator acted out of fear, the judge will invalidate the document. In such cases the will reflects the wishes of the person who applied pressure, not those of the deceased.

Ground 3: Unclear Identity of Heirs

Drafting a will without professional guidance sometimes leads to ambiguous instructions. The testator may define heirs without precise identification. Without a name and ID number, the court may invalidate the provision. A skilled attorney translates the testator’s wishes into precise legal language, preventing double interpretations.

Ground 4: Discovery of a Later Will

The Inheritance Law provides that the most recent will is the governing one. If a more recent and valid will is discovered, it supersedes the earlier one. We assist heirs in locating and verifying later wills, ensuring that the deceased’s final wishes are carried out.

Frequently Asked Questions — Will Invalidation

Who may file an objection to a will?

Any person with a “legitimate interest” may object. This includes heirs who were disinherited or beneficiaries under earlier wills. The deceased’s creditors may also act in this way.

Can only part of a will be invalidated?

Absolutely. The court has the authority to invalidate a specific defective clause while leaving the rest of the document in force. We demonstrate that the defect is confined to a single provision.

How long is there to challenge a will after the death?

You must act within the period set in the Registrar’s notice — typically 30 days from publication. After the order is confirmed, the evidentiary threshold for invalidation rises significantly.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Managing such a case demands expertise in evidence law and family sensitivity. The department is headed by Adv. Shlomit Asraf Schneider, who brings years of experience representing clients in complex estate disputes.

Adv. Yariv Vaknin builds a comprehensive legal strategy for you. We combine professional expertise with complete discretion. The firm operates from offices in Afula, Bnei Brak, New York, and Tbilisi.

Please note: The content on this website is provided for informational purposes only. It does not constitute binding legal advice.

Concerned that the will submitted by the other side is defective? Need protection? Leave your details on the website or call Adv. Yariv Vaknin for a consultation: 052-2288824 We are here to ensure that justice is done and the deceased’s wishes are carried out.

The death of a person immediately raises the question of how their property is to be distributed. Israeli law provides two main paths for dividing an estate: inheritance by will and inheritance by law. While a will reflects the deceased’s explicit wishes, intestate succession is the mechanism the legislature established for cases where no will was left. In this article we detail the “order of heirs” and explain how division is carried out in practice in 2026.

Track One: Inheritance by Will

This is the legally simplest scenario (provided the will is valid). We distribute the estate exactly according to the instructions the deceased wrote before death. A will overrides the default rules of law and allows the testator to leave assets to people who are not family members, or to favour one heir over another.

Track Two: Intestate Succession — When There Is No Will

When a person dies without leaving a will, the Inheritance Law sets out a fixed “roadmap” for distribution. We follow the system of “parentelas” — distribution to the nearest relatives by degree of kinship.

1. The Basic Division: Spouse and Children

This is the most common scenario. In this case the estate is divided as follows:

Spouse: receives one half (50%) of all property, plus the couple’s car and movable personal belongings (furniture and household effects).
Children: share equally in the remaining half of the estate.
Additional rights for the widow/widower: beyond the general share, a widow may also be entitled to her ketubbah payment and even maintenance from the estate in cases of proven financial need.

2. Inheritance by Common-Law Partners

Israeli law grants equal rights to common-law partners, provided two conditions are met:

Neither partner was married to another person at the time of death.
The surviving partner proves they maintained a joint household and family life. We assist common-law partners in establishing the evidence required to secure their share of the estate.

3. Division with No Children

If the deceased left a spouse but no children:

Spouse vs. deceased’s parents: the division is equal (50% to each side).
Spouse vs. deceased’s siblings (or grandparents): the spouse receives two-thirds (2/3) of the estate, and the remainder is divided among the siblings.

Frequently Asked Questions — Estate Division

Does a grandchild inherit if the deceased’s child predeceased them?

Yes. The law operates on the principle of “representation”: if one of the deceased’s children predeceased the deceased, that child’s own children (the deceased’s grandchildren) step into their shoes. They inherit exactly the share that would have gone to their parent, and divide it among themselves equally.

Can intestate distribution be challenged?

The statutory distribution is a legislated default. It can be challenged only in two main circumstances: if a later will is discovered (which takes precedence over the law), or if there is an error in the identity of the heirs (for example, the discovery of an additional descendant of the deceased not included in the original application). We represent heirs in clarifying their rights and filing objections to erroneous inheritance orders.

What is the difference between the estate and the couple’s jointly owned property?

This is a critical point. Jointly owned property belongs to both spouses by virtue of their shared life (typically 50% each). The estate — the property to be divided among the heirs — includes only the deceased’s share of the jointly owned property (half the apartment, for example), plus any assets that were solely in the deceased’s name. We ensure that property separation is carried out lawfully before estate distribution begins, in order to protect the surviving spouse.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Understanding the order of heirs is only the first step. The real complexity begins when you seek to realise those rights at banks, the Land Registry, and against opposing parties. Adv. Yariv Vaknin leads the legal strategy for managing and distributing complex estates in Israel and abroad, bringing years of experience in conducting proceedings for a fair and precise division of family assets.

Please note: The content on this website is provided for informational purposes only and constitutes general information. It does not constitute legal advice and is not a substitute for binding legal counsel.

Need to realise an inheritance or clarify the order of heirs? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to ensure every heir receives what they are entitled to under the law.

Israeli inheritance law enshrines one supreme value: the free expression of the testator’s wishes. To ensure that the assets you have accumulated during your lifetime reach the right hands, you must choose the method of execution that best suits your personal circumstances. In 2026, knowing the different options allows you to prevent costly family disputes. In this article we review the four legally recognised forms of will and the nuances that will protect it in court.

The Guiding Principle: Why Does the Law Require a Specific Form?

Behind every formal requirement lies the logic of “honouring the deceased.” Because after your death you will not be able to testify to your intentions, courts examine whether the will meets the procedural rules set by the legislature. Choosing the right type of will gives it legal immunity and shortens the path for the heirs to obtain a probate order.

1. Will with Witnesses: The Most Common and Recommended Form

This is the most prevalent type of will in Israel. The will is drawn up in writing (usually printed) and signed in front of two witnesses.

Golden rules for a witnessed will:

Witnesses: must be over 18 and legally competent.
Prohibition on beneficiaries: the law invalidates any provision that benefits a witness or their spouse. We ensure the witnesses are entirely neutral parties.
Order of procedure: the testator declares before the witnesses “this is my will” and signs in their presence. The witnesses then attest by their signatures to the proceedings at that moment.

2. Holographic Will (Handwritten Will)

The law allows you to write the will yourself, without witnesses or attorneys present.

Validity requirements:

Personal handwriting: every character of the will must be written in the testator’s own hand only.
Date and signature: the document must include a full date and a handwritten signature.
The risk: such a will is more vulnerable to claims of forgery or lack of capacity. We recommend depositing it with the Registrar of Inheritances to strengthen its standing.

3. Will Before an Authority: The Highest Legal Robustness

This will is submitted or declared before an official: a judge, a religious court judge, the Registrar of Inheritances, or a notary.

Key advantages:

No witnesses required: your declaration before the legal authority substitutes for witness presence.
Immunity from challenge: it is very difficult to attack a will that was confirmed by an official who verified your competence in real time. Our firm accompanies many clients in executing fast and professional notarial wills.

4. Oral Will (Deathbed Declaration)

This method is for emergency situations only, when a person faces imminent death or a real life-threatening danger.

Strict conditions:

Two witnesses present: they must hear the testator’s words and understand the language used.
Written memorandum: the witnesses are required to record the declaration and deposit it with the Registrar of Inheritances promptly after the event.
Limited validity: the will is automatically revoked one month after the mortal danger has passed, if the testator survives.

Mutual Will: The Modern Solution for Couples

Beyond the four types, in 2026 we see widespread use of the mutual will. This is a joint document in which spouses rely on each other. The mutual will secures the future of the surviving spouse and prevents children or other relatives from claiming their share of the assets (such as the family home) prematurely.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Choosing the type of will is a strategic decision that affects generations to come. The family and estates department is headed by Adv. Shlomit Asraf Schneider, who brings rich experience in tailoring the type of will to the asset structure and unique family dynamics of each client.

Adv. Yariv Vaknin builds the legal protection framework that will ensure your wishes are carried out in full. We represent you professionally from our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.

Would you like to draft a will that gives you peace of mind? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to ensure that everything you have built reaches the right hands.

When a person passes away, they leave behind an estate comprising assets, money, and rights. The Israeli legal system seeks first and foremost to honour the deceased’s wishes. However, there are exceptional circumstances in which the state intervenes and determines that a particular person is a “disqualified heir.” In such cases the person loses their right to inherit, even if the deceased chose them in a will. In this article we explain the grounds for disqualification and how we safeguard the integrity of the estate in 2026.

What Is the Legal Rationale Behind Heir Disqualification?

The concept of a “disqualified heir” is grounded in absolute justice. The assumption is that the testator would not have left their assets to a person who acted against them with malicious intent. The law presumes that had the deceased known of the heir’s actions, they would have disinherited them of their own accord. Granting an inheritance to a person who harmed the testator offends the foundational values of society.

The Main Grounds for Disqualification Under Section 5 of the Inheritance Law

The law defines a closed list of circumstances that result in automatic disqualification from the estate:

1. Causing the Testator’s Death or Attempting to Do So

This is the most serious ground. A person convicted in court of intentionally causing the testator’s death is immediately disqualified. The law also applies to a person convicted of attempting to murder the testator. The state prevents the absurd situation of “you murdered and you also inherit.” We encounter these cases when an heir attempts to accelerate receipt of the assets by criminal means.

2. Forgery, Concealment, or Destruction of a Will

The law protects the document that reflects the deceased’s wishes. An heir will be declared disqualified if convicted of any of the following:

Will forgery: creating a false document in order to obtain assets.
Will concealment: hiding the original document so the estate is distributed according to law.
Will destruction: physically damaging the document to alter the order of heirs.

Can the Testator Forgive the Disqualified Heir?

The law allows a narrow window of grace. A person convicted of attempting to harm the testator (but not causing their death) can return to being a lawful heir. The condition is that the testator explicitly forgave them in writing. The forgiveness must be effected by executing a new will or by an official declaration admissible in court.

Consequences of Disqualification: Where Does the Share Go?

When an heir is disqualified, their share in the estate does not “disappear.” The law provides that their portion is distributed among the other lawful heirs, as if the disqualified heir had predeceased the testator. We assist the remaining heirs in realising their right and ensuring that the property reaches deserving hands.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Managing “disqualified heir” cases requires a combination of criminal law expertise and family law specialisation. The family and property department is headed by Adv. Shlomit Asraf Schneider, who brings years of experience in exposing fraudulent conduct and building litigation strategies in complex estate cases.

Adv. Yariv Vaknin leads the legal strategy for protecting the family’s assets and the deceased’s honour. We represent you with professionalism and complete discretion from our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.

Concerned that an heir acted fraudulently or with malicious intent? Need to protect the estate? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to ensure that both legal and moral justice is done.

Inheritance is something most of us encounter at some point in life. When a person passes away, their property passes to their heirs according to a will or under the Inheritance Law. Usually, heirs are glad to receive the estate. Yet there are circumstances in which a person wishes to perform a waiver of inheritance. The following article explains how the law permits this, what the implications are, and how to carry out the process correctly.

How Is an Inheritance Received Under Law?

The state places great importance on fulfilling the deceased’s wishes. The law therefore allows people to draft wills that ensure the distribution of their property as they desire after death. If a person did not leave a valid will, inheritance laws determine who will receive their assets. In cases of dispute, a Family Court judge rules on how to divide the estate fairly.

Why Would Someone Want to Waive an Inheritance?

There are several central reasons for deciding to disclaim an estate. First, a testator sometimes sets specific conditions within the will. For example, the deceased may condition the receipt of funds on the heir performing a specific act the heir does not wish to carry out. Such an heir may disclaim their right to avoid being bound by those conditions.

Second, heirs sometimes waive their share in order to preserve family peace. Such a disclaimer allows another heir to receive a larger portion of the estate with everyone’s consent. It is possible to disclaim specific assets or the entire inheritance designated for you.

What Are the Limitations and Consequences for the Disclaiming Heir?

Waiving an inheritance (legally termed “hisdalkut” — renunciation) carries clear consequences. The law treats a person who has disclaimed as if they were never an heir in the first place. The purpose is to cause heirs to weigh the step carefully rather than acting impulsively.

Important to know: an inheritance cannot be disclaimed after the estate has actually been distributed. The act must be performed before the inheritance order or probate order is executed.

Can the Disclaimer Be Revoked After It Is Filed?

The answer is no. Once you have given notice of your disclaimer through a formal statutory declaration, you cannot retract it. The process does not require special court approval, but the declaration is considered binding and final. We therefore strongly recommend consulting with an estate attorney before taking this step. The attorney will help you weigh all the relevant factors and ensure that the disclaimer genuinely serves your interests.

How Is a Waiver of Inheritance Carried Out in Practice?

To disclaim the inheritance, you must submit a signed declaration to the Registrar of Inheritances office. In this declaration you detail the reasons for the disclaimer and declare your wish to renounce the estate. In the case of a minor who wishes to disclaim their share, the law requires special court approval in order to protect the minor’s rights. Once the declaration is submitted and registered, your status as an heir is legally extinguished.

Please note: The content on this website is provided for informational purposes only and constitutes general information. It does not constitute legal advice, is not a substitute for binding legal counsel, and does not create an attorney-client relationship. In any specific case, you should seek personalised legal advice from an attorney.

Wishing to disclaim your share of an inheritance safely? Do not take irreversible steps impulsively. Vaknin Yariv Law Office, with offices in Afula and Bnei Brak (B.S.R 4), is at your service. Leave your details on the website or call now to schedule a consultation: 052-2288824.

Estate and inheritance matters stir strong emotions and family complexities. Sometimes objective complications make the process even harder. One common such situation is the estate of a person who did not reside in Israel, or a will that includes assets located in a foreign country. In this article we explain the legal “minefield” and how we help you navigate it efficiently.

Our Winning Advantage: In-House Foreign Law Opinions

When a person dies outside Israel’s borders, the probate process requires an expert opinion on the foreign law. Most Israeli firms must search for external experts, leading to delays and high costs.

Our firm offers a unique solution:

On-the-ground experts: instead of wasting precious time, we leverage our physical presence in our New York and Tbilisi branches.
Expedited proceedings: we provide expert foreign law opinions grounded in local expertise and first-hand courtroom experience abroad. Legal guidance is provided by Admitted Attorneys from within our global team.

The Legal Minefield: Real Property vs. Movables (Section 138)

This is a critical detail that changes the entire picture for heirs. Many mistakenly assume that foreign law applies to all assets across the board. The Israeli Inheritance Law draws a clear distinction:

Cash and movables: bank funds, vehicles, shares, or personal effects are generally governed by the law of the deceased’s domicile abroad.
Real estate in Israel: under Section 138 of the Inheritance Law, real property situated in Israel (apartments, land, commercial premises) is generally governed by Israeli law.

What this means for you: even if the foreign law of the country of origin disinherits or restricts you, your rights in Israeli real estate may be protected under local law. We analyse the composition of the estate to ensure you do not lose your share through unfamiliarity with the relevant statutory provisions.

Differences Between Legal Systems Around the World

To understand your prospects of realising the inheritance, the table below summarises the key differences:

Feature	Israel (and Common Law)	Europe / South America (Civil Law)
Freedom of testation	Near-absolute — assets may be left to anyone.	Limited — a portion of the estate is reserved for the family.
Forced heirs	None (except a right to maintenance from the estate).	Exist — a “forced share” is reserved for children/spouse.
Source of authority	The deceased’s wishes as expressed in the will.	Statutory provisions that sometimes override the will.

Tax Strategy and International Document Authentication

Administering the estate of a foreign resident requires handling complex technical and financial aspects:

International taxation: Israel has no inheritance tax, but in 2026 foreign taxes must be carefully considered. Proper planning helps reduce exposure to foreign levies (such as the US Estate Tax), in accordance with the tax laws of the relevant country.
Document authentication (Apostille): foreign documents must undergo an international authentication procedure (Apostille). Our firm manages the entire bureaucratic chain on your behalf — consulates, foreign authorities, and everything in between.

Frequently Asked Questions — Estate of a Foreign Resident

Can a will written in a foreign language be probated in Israel?

Yes. You must attach a certified notarial translation to the will. We manage all translation and authentication requirements with the relevant authorities on behalf of our clients.

Are the deceased’s assets abroad subject to tax treaties?

Absolutely. We examine the relevant treaties to ensure that estate distribution does not create unnecessary tax exposure in Israel or in the country of origin.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Managing an international estate requires expertise that combines family law with civil-commercial law. The family and property department is headed by Adv. Shlomit Asraf Schneider, who brings years of experience accompanying families through cross-border proceedings.

The firm was founded by Adv. Yariv Vaknin, who directs the firm’s international operations through our branches in New York and Tbilisi. We provide a strategic legal framework that accompanies you through every stage of the international estate process.

Inherited assets from a foreign resident? Need experts to protect your rights? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to bridge the legal gaps and protect your financial future.

Losing a loved one is a painful and distressing event. Sometimes the only comfort is knowing that the deceased left us property or keepsakes reflecting their thoughts of us. Yet in Israel’s complex reality, heirs sometimes discover they have inherited more than money or assets. In many cases they find debts left behind by the deceased. In this article we explain what happens when the deceased had active debts and whether those debts pass to you.

Do Debts Pass with an Inheritance?

A person’s death does not extinguish their debts. In most cases heirs become aware of their existence only when they receive a warning letter from an attorney — or discover it through an enforcement order from the Execution Office.

The Inheritance Law, 5725-1965 distinguishes between two key periods in the life of the estate:

The Period Before Distribution of the Estate

During this period the debts apply to the estate only — not to you personally. This means creditors collect the debt from the deceased’s assets. Even if the property does not cover all the debts, you are not required to make up the shortfall from your own pocket.

The Period After Distribution of the Estate

Once you have distributed the property, the legal position changes:

If you published a creditors’ notice: the law requires you to publish a notice calling on creditors to declare any debts. If you published the notice lawfully and settled the known debts, you are exempt from debts discovered afterwards.
If you did not publish a notice: in that case each heir bears liability for the debts in proportion to their share of the estate.
If you knew of a debt and did not publish a notice: here the liability is more severe. Each heir may be required to pay the debt up to the full value of the entire estate.

Creditors’ Rights vs. Heirs’ Rights

It is important to know that creditors’ right to repayment takes priority over your right to receive the property. Israeli law favours repayment of debts over distribution of the inheritance. We therefore recommend that anyone planning their will also address existing or future debts. Proper planning prevents a situation in which you “drop” surprise debts on heirs who are dear to you.

Frequently Asked Questions — Inheritance and Debts

Can banks sue heirs personally?

As long as the estate has not been distributed, the bank collects the debt only from the deceased’s funds and assets. We represent heirs against banks to ensure the bank does not infringe your personal rights.

What happens if the debt is greater than the value of all the assets in the estate?

In that situation we classify the estate as “insolvent.” The heirs simply receive nothing, but they are not required to pay the remainder from their own resources — provided they acted in accordance with the law.

Can I disclaim the inheritance to avoid the debts?

Yes. You are entitled to file a declaration of renunciation of the estate. In that case you waive your share and are no longer considered an heir. This act severs the connection between you and the deceased’s debts.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Vaknin Yariv Law Office combines extensive knowledge in enforcement proceedings with expertise in inheritance law — a combination that is critical when dealing with estates that include debts. The department is headed by Adv. Shlomit Asraf Schneider, who brings rich experience in managing complex estates and protecting heirs from unlawful debt demands.

A meeting with Adv. Yariv Vaknin will give you a clear strategy for dealing with the deceased’s creditors. We accompany you with determination from our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.

Unexpectedly inherited debts? Need legal protection against creditors? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to help you manage the estate with confidence and peace of mind.

In 2026, your professional reputation is your most valuable asset. A single damaging post on social media can cause enormous financial harm — and even destroy a business you spent years building. Israel’s Prohibition of Defamation Law protects professionals from publications that demean them. In this article we explain how to identify defamation and how we stop the damage.

When Does Criticism Cross Into Defamation?

Not every negative opinion violates the law. We distinguish between protected free speech and prohibited slander.

The law defines content as defamation against a professional when it:

Degrades the person: uses demeaning language that has no factual basis in the service they provided.
Creates hatred and contempt: turns the professional into a target of public ridicule.
Harms their livelihood: publishes falsehoods intended to make clients stop using their services.

The Social Media Trap

Technicians, restaurateurs, and doctors all interact with the public daily — and that creates friction. Many people today have a “light touch on the keyboard,” publishing personal feelings as established facts.

A client crosses the legal line when they move from legitimate criticism to personal defamation — for example, using words like “crook,” “fraud,” or “charlatan.” We analyse such publications to build a strong defence for your business.

The Role of Your Attorney in Managing the Professional Crisis

A defamation attorney acts first as a strategist. We guide you through exercising your rights in three action stages:

Legal assessment: we examine whether the publisher acted with malice warranting compensation.
Professional warning letter: a formal demand from our office typically leads to immediate removal of the publication.
Litigation: we file civil compensation claims or criminal complaints on your behalf.

How to Choose a Defamation Attorney

Choose your attorney with the same care your clients use to choose you. Verify specific experience in litigation and courtroom representation, and confirm the firm knows how to act quickly in the digital arena.

Why Choose Vaknin Yariv Law Office to Protect Your Reputation?

Our firm combines business understanding with deep expertise in defamation law. Adv. Miriam Kanaan Masalha heads the Labour Law and Defamation department, bringing extensive experience defending professionals against online “shaming.”

Adv. Yariv Vaknin leads the firm’s legal strategy for protecting client assets. We act on your behalf from our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.

Has your professional reputation been harmed? Is your good name at risk? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to help you exercise your rights and protect your life’s work.