How Many Wills Do I Need?

Let me please clarify the misconception that the “law” will ensure that our property (the one we inherit) we be divided as we wish after we die. The reality could be unfortunately quite different.

The Legal Aspect, the Custom, and Practice

Israeli law does not recognize letters of wishes, codicils or any other type of testamentary documents unless they were witnessed in the same way as a Will. Do not take any chances.

Does one need more than one Will?

Does one need a separate Will for his/her property in Israel? (Assuming you already have a Will abroad and you do have property in Israel).

The chances are, that the Israeli courts will validate a foreign Will; however if you live here in Israel, we strongly disagree with this approach. It is advantageous to have an Israeli Will because only an Israeli Will allows you to give specific instructions with regard to your Israeli estate. With a Will from abroad, there may be language and translation problems, appointing executors resident in Israel (especially if you leave here) may be problematic, and because technically it is much easier to make changes in the Will here than abroad.

The Language

Your will can be drafted in any language: Hebrew, English or any other language you and the lawyer drafting the Will understand. Although the Israeli courts are permitted to certify Wills in English, they may require a certified translation if the provisions are complex, as often happens.

The Jurisdiction of the Israeli Courts over a Will

The Israeli courts have jurisdiction over an estate, either if the deceased was resident in Israel or if the estate includes Israeli assets.

In case of the above, your beneficiaries (or the executors) will be required to apply for a probate order from an Israeli court in order to deal with your property in Israel even if any foreign court has already validated the Will and had issued a “grant of probate”. There is no automatic recognition of this grant of probate.

All Wills must be submitted to the Israeli Registrar for confirmation and, if the Will has been made by a foreign resident, the beneficiaries (or executors) will need a legal opinion from a legal expert on the relevant law to confirm that the Will is valid according to that country’s law. In addition, the application must be advertised in public and notices sent to the beneficiaries to inform them of the proceedings.

Fortunately, the probate process is not lengthy as in other countries and it can be possible to distribute the assets in a few months, therefore allowing your beneficiaries (or executors) to collect or distribute the assets.

The costs to make the Will in Israel will be certainly much lower than abroad and there is also the possibility to “deposit” the Will with a notary or even in the proper Israeli governmental regulator for Wills.

 
Sincerely,

 
Tzvi Szajnbrum, Attorney at Law