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Inheritance in Israel

In this page you will find practical information related to inheritance issues. The following questions are frequently asked by our clients from abroad. Should you have further questions or should you need assistance, do not hesitate to contact us: office@hanam-law.com

 Question:

My relative passed away and left real estate property and bank accounts in Israel. What should I do in order to receive my relative's property in Israel?

Answer:

In order to inherit property (real estate or bank accounts) in Israel you must apply to the Inheritance Registrar in Israel or the religious court for probate order, or for succession order in case that there is no will. Only after you obtain the Succesion or Probate Order, you will be able to claim the property.

 Question:

What are the required documents for filing an application for Succession or Probate Order?

Answer:

The required documents are: (1) Application for Succession/Probate Order (2) Power of attorney (3) Death certificate (4) The original will (in case that the deceased left a will) (5) Legal opinion of the foreign law (when the deceased lived out of Israel). All documents should be submitted to the Israeli Inheritance Registrar.

Question:

Do I have to travel to Israel in order to obtain the Succession Order?

Answer:

No. You do not have to travel to Israel. Our office will prepare all the required documents for you to sign abroad. If it is neccesary, we will provide you with translation to English. Your signature will be certified by the Israeli Consulate or by a local Notary Public and Apostille.

Question:

Is a probate order or a succession order given abroad valid in Israel?

Answer:

No. Probate order or succession order that was given abroad in not valid in Israel.

Question:

Which is the competent body to deal with wills and succession by law in Israel?

Answer:

In Israel the Inheritance Registrar ,the religious court (under certain conditions) and are the competent bodies which issue Succession Orders or Probate Orders. Complicated cases and cases in which a contest was filed are dealt by the Family Court.

Question:

 If there is no will, who is entitled to inherit?

Answer:

According to the Israeli Succession law, when there is no Will, the legal heirs are:

1. the deceased's spouse (married or common-law spouse) is entitled to half of the estate.

2. The deceased's children and their descendants.

3. The deceased's parents and their descendants.

4. The deceased's grandparents and their descendants. 

The inheritance law gives priority to the heirs. children's priority is higher than parents' priority, and parents' priority is higher that grandparents' priority.

Question:

My father passed away in the US and left property in Israel. Which is the applying inheritance law, the Israeli or the US law?

Answer:

According to the Israeli law, the applying law is the law of the residency of the deceased, Therefore, the Israeli court will issue a Succession Order or a Probate Order, based on the US law.

Question:

Is there Inheritance tax in Israel?

Answer:

Today there is no direct Inheritance tax in Israel. However, heirs who live abroad are subject to tax rules of their country. In addition, when the property is sold, the sale may taxed in Israel.

Question:

I inherited an apartment in Israel and I wish to sell it. Do I have to pay Appreciation Tax or Capital Gains Tax (Mas Shevach) when I sell the apartment?

Answer:

From January 2014, foreign residents are entitled to receive tax exemption only if they provide a certificate from the tax office where they live, stating that they do not own an apartment.  

Question:

I was informed that an application for a probate was filed, and I wish to contest the Will. What should I do?

Answer:

According to the Israeli Succession Regulations you should submit your contest to the Inheritance Registrar in 14 days from the day that the application was published in a daily newspaper.

Question:

My mother who lived out of Israel has recently passed away. She owns an apartment in Israel. What should I do in order to inherit the apartment?

Answer:

In order to inherit your mother's apartment, you should obtain a Succession/Probate Order, and then register the apartment according to it.

Question:

My husband and I live in the US. We signed a Will that was drafted by our US attorney. Can this Will be enforced in the future in Israel?

Answer:

Basically the answer is yes. However, it is advised that a new Will, regarding the property is Israel only, will be drafted by an Israeli attorney. who specializes in inheritance law.

Question:

I was adopted out when I was a child. I heard that my biological mother passed away in Israel. Am I entitled to receive any part of my biological mother's estate?

Answer:

Yes. In contrast to many countries in the world, the Israeli Inheritance Law grants an adopted out child the full right to inherit his biological parents. In fact, an adopted out child inherits both his biological parents and his adoptive parents.

For further questions and consultation do not hesitate to contact us by email office@hanam-law.com or by using the contact form below.

 

 
 

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Sharon Hanam & Co. Law Offices
America – Israel House 13 Tuval Street
Ramat-Gan 52522, ISRAEL
Tel: +972-3-7557655
Fax: +972-3-7557656
Office@hanam-law.com
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