When a person passes away without leaving a will, the question of inheritance often becomes a point of dispute, particularly among common-law partners (yedu’im ba-tzibbur). The deceased’s estate is divided according to the order of inheritance set by the Israeli Inheritance Law. It is important to know that the law recognizes common-law partners as spouses for all intents and purposes and grants them inheritance rights similar to those of a married couple. Professional legal guidance ensures that you receive your share of the estate and protects your rights against potential objections.
Distribution of the Estate Under the Inheritance Law
The law sets a clear hierarchy for the distribution of property when no valid will exists. We examine the family composition to determine the share of the common-law spouse:
- Spouse and children: the surviving spouse receives half of the estate. The other half is divided equally among the deceased’s children.
- Spouse alongside the deceased’s parents: similarly to the distribution alongside children, if the deceased left parents (but no children), the spouse inherits half of the estate.
- Spouse alongside siblings or grandparents: if the deceased had no children or parents, the spouse’s share rises to two-thirds of the estate, with the remainder passing to siblings or grandparents.
- Spouse as sole heir: in cases where the deceased had no children, parents, siblings, or grandparents, the common-law spouse inherits the entire estate.
How Do We Prove Common-Law Partner Status?
To exercise your right of inheritance, you must present strong evidence of a shared spousal life and joint household. The courts examine the day-to-day reality that existed between the partners.
We assist you in collecting and presenting the following evidence:
- Witness affidavits: we gather statements from people who knew the couple closely and witnessed the relationship between them.
- Official and financial documents: we present joint bank accounts, lease agreements, or documents indicating joint property purchases.
- Evidence from shared life: we use photographs, correspondence, and event invitations that attest to the stability of the relationship and your public image as a couple.
Dealing with Objections from Other Heirs
Other family members of the deceased often object to the recognition of a common-law partner as an heir. They may claim that the relationship was not committed or that the partners lived separately. In such cases, the proof process becomes a challenging legal battle.
We design a comprehensive legal strategy for you to deal with such objections. We represent you at the Family Court and ensure that your rights are preserved despite the absence of a signed will. Our experience shows that presenting a complete factual picture is the key to presenting your position in the best possible way in these files.
Frequently Asked Questions – Common-Law Partners and Inheritance
Is it mandatory to sign a cohabitation agreement in order to inherit?
No. The law recognizes the rights of common-law partners even without a written agreement, but the existence of such an agreement greatly facilitates the proof process in court.
Does a common-law partner also inherit pensions and benefits?
Yes. In most cases, a common-law partner is also entitled to receive a survivor’s pension from pension funds and from the National Insurance Institute. We accompany you in these claims as well, against the relevant bodies.
What happens if the deceased was officially married to another woman?
This is a particularly complex legal situation. We examine whether actual family life existed and the status of the original marriage in order to protect your rights to the greatest extent possible.
Why Choose the Family Department of Vaknin Yariv Law Office?
Vaknin Yariv Law Office specializes in complex and emotionally charged inheritance and family files. The Family Law and Real Estate department is led by Adv. Shlomit Asraf Schneider. She brings extensive experience in proving common-law partner status and managing inheritance disputes with professionalism and sensitivity.
A meeting with Adv. Yariv Vaknin will provide you with the legal certainty needed to realize your rights. We provide services through our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.
Please note: the content on this site is for enrichment purposes only and constitutes general information. The information does not constitute legal advice and is not a substitute for binding advice.
Did you live together without marriage and need to realize inheritance rights? Leave your details on the site or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824. We are here to ensure that your rights as partners are preserved in full.
