When a person dies without leaving a will, the law determines how their property is divided. We must follow the provisions of the Inheritance Law, 5725-1965 and act to realise the estate according to the rules of “intestate succession.” This process requires deep legal understanding. For each heir to receive what they are entitled to, it is important to act correctly and promptly.
Family members sometimes raise disputes about the distribution of assets. Vaknin Yariv Law Office places at your disposal the legal tools needed to navigate the process successfully.
Wills, Inheritances, and Estates — Key Concepts
To understand the process, it is important to know the central terms:
- Estate: the totality of assets, funds, and rights left behind by the deceased.
- Will: a document in which a person determines in advance to whom they will leave their assets and on what conditions.
- Intestate succession: the statutory mechanism that operates when there is no valid will.
Most people in Israel do not write a will. In such cases the law transfers ownership of the estate to the nearest heirs. The aim is to protect the family unit and the financial stability of the heirs.
The Statutory Order of Heirs: Who Is Entitled to What?
The Inheritance Law establishes a clear order of priority. Generally the estate is divided between the spouse and the children. If there are no children, the right passes to parents, siblings, or more distant relatives.
Spouse’s Rights — Dependent on Family Composition
The distribution of the estate varies according to the other heirs:
- When there are children: the spouse is entitled to half the estate, plus a life right of residence in the family home and the household movables.
- When there are no children but there are parents or siblings: the spouse’s share rises to two-thirds of the estate.
- When there are no children and no parents: the spouse inherits the entire estate. Given this complexity, we recommend examining each case individually with a specialist attorney.
Common-Law Partners — A Critical Point
Common-law partners do not automatically inherit from each other by law. Even after decades of shared life, a partner may receive nothing from the estate without an explicit will. Making a will is critical for every unmarried couple. Our firm also assists in adoption cases when examining the unique particulars of each matter.
How to Proceed When There Is No Will
Realising an estate without a will requires the guidance of a specialist attorney. We accompany heirs through the following stages:
- Filing an application for an inheritance order: applying to the Registrar of Inheritances for an official order declaring the identity of the heirs.
- Identifying heirs and checking disqualification: identifying the statutory heirs and checking whether any disqualified heirs exist. A disqualified heir is one convicted of killing or murdering the testator, or of forging their will (Section 5 of the Inheritance Law).
- Realising the spouse’s rights: defining the precise share in the assets, including rights in the family home and the household movables.
An experienced attorney shortens complex bureaucratic processes and acts on your behalf with determination before the authorities and banks.
Objecting to and Revoking an Inheritance Order
Family members or third parties sometimes file an objection to the granting of an inheritance order — when a later will is found, or when doubt arises about the identity of the heirs. Family members who are emotionally involved sometimes find it difficult to make sound decisions during this period.
In such cases we recommend involving an attorney well versed in family and inheritance law. Our firm examines the facts and represents you in applications to revoke an inheritance order, centralising all questions and proceedings under one roof.
Frequently Asked Questions — Inheritance Without a Will
When should an application for an inheritance order be filed?
The application may be filed at any time after death. There is no statutory deadline, but we recommend acting promptly. Swift action prevents disputes and enables faster realisation of the assets.
What is the difference between an inheritance order and a probate order?
An inheritance order confirms the identity of the statutory heirs when there is no will. A probate order confirms the validity of an existing will. The Registrar of Inheritances issues both orders.
How long does it take to obtain an inheritance order?
In straightforward cases with no objections, the process typically takes several months. In complex cases with disputes it may take considerably longer. Professional legal representation substantially shortens the process.
Does a common-law partner inherit their partner?
Not automatically. Unlike married couples, common-law partners may receive nothing without a will. This is one of the primary reasons why making a will promptly is so important for such couples.
Is there an inheritance tax in Israel?
Currently there is no general inheritance tax in Israel. However, other taxes may apply to some asset transfers — such as capital gains tax on the sale of a residential apartment. Proper estate planning significantly reduces tax exposure.
Why Choose the Estates Department of Vaknin Yariv Law Office?
Vaknin Yariv Law Office combines multidisciplinary legal knowledge with high human sensitivity. The department is headed by Adv. Shlomit Asraf Schneider, who brings unique expertise in realising complex estates in Israel and abroad.
A meeting with Adv. Yariv Vaknin will give you the confidence and professional tools you have been waiting for. We represent you before the authorities in complex cases and operate from our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.
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. In any specific case, seek personalised legal advice from an attorney.
Need legal advice on an inheritance without a will? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to ensure your rights as an heir are fully protected.
