{"id":8864,"date":"2026-04-29T09:50:01","date_gmt":"2026-04-29T09:50:01","guid":{"rendered":"https:\/\/adv-yariv.com\/?p=8864"},"modified":"2026-04-29T09:50:01","modified_gmt":"2026-04-29T09:50:01","slug":"estate-division-agreement-differs-from-will","status":"publish","type":"post","link":"https:\/\/adv-yariv.com\/en\/estate-division-agreement-differs-from-will\/","title":{"rendered":"Estate Division Agreement That Differs from the Will"},"content":{"rendered":"
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What Is an Estate Division Agreement and What Does the Law Provide?<\/h2>\n

The Inheritance Law (Section 110a)<\/a> provides that heirs may divide the estate’s assets by agreement among themselves or by court order. The law therefore grants heirs the right to alter the manner of asset distribution as it appears in the will. This option is valid as long as the asset in question has not yet passed into the joint ownership of the heirs.<\/p>\n

For the agreement to have legal force, it must be made in writing. In the agreement you must explain the deviation from the original distribution in the will. The agreement may be submitted for approval to the Family Court to give it the force of a court judgment \u2014 but the law does not require this. The division agreement is then attached to the probate order, making it an inseparable part of the estate distribution instructions vis-\u00e0-vis all relevant parties.<\/p>\n

Does the Estate Distribution Have to Be Equal?<\/h2>\n

The answer is no. An estate division agreement may set any distribution the parties choose, provided all the heirs involved agree. Indeed, heirs sometimes enter into such agreements when they feel the original will is unjust or disadvantages one party.<\/p>\n

Even if the new distribution is unequal, it will be considered fully legally binding if all parties agreed to it. This flexibility allows families to resolve internal disputes amicably and to adapt the inheritance to the heirs’ actual life circumstances.<\/p>\n

Why Is It Important to Involve a Lawyer in Drafting the Agreement?<\/h2>\n

An estate division agreement is a complex legal document. Imprecise wording can lead to future disputes or problems with the tax authorities and the Land Registry. We therefore recommend consulting an attorney who specialises in wills and estates.<\/p>\n

An attorney assists you on several levels:<\/p>\n