It is possible that an estate can be completely divided up according to the rights declared in the probate order(where the will is deemed valid and enforced or upheld ) or according to the Inheritance Law of 1965, where there is no valid will. It is also possible for the estate to be divided by a combination of both – i.e. for part of it to be divided up according to the will, and part according to law.

Inheritance Order

 

Inheritance Order

 

Question:

 

What is an inheritance Order and where can it be obtained from ?

 

Answer:

 

It is a legally binding order which declares who the heirs to the deceased person's estate are, identifies them and their share in it. The Inheritance Registrar usually grants it, but the family or religious court can also do so, depending on the circumstances. Strict procedure laid down in the Inheritance Act of 1965 and the associated regulations govern the process.

 

Checking If Grandparent Made Will

Checking If Grandparent Made Will

 

Question:

 

My grandfather on my father’s side died a few months ago. My parents divorced when I was little . My father and I have never had a close relationship, though I always had a very warm relationship with his dad. I think he may have wished to leave me something. I don’t want to ask my father about this. Can I check if he left a will, and if so, whether anything has been done about this  ?

 

Answer:

 

Yes – an enquiry can be made with the Inheritance Registrar to see if an application has been made for probate concerning the grandfather’s estate.

If it has, and you on are included in the will, you should be notified anyhow by law, about the probate application and receive a copy of the will, as part of the process.

 

 

Cancelling Inheritance Order in Favour of Will

Cancelling Inheritance Order in Favour of Will

 

Question:

 

Is it possible to cancel an order granted to distribute a deceased’s estate according to law, and divide it according to a will if one is found later ?

 

Answer:

 

In principle, yes. If all those who were heirs under the order agree, cancellation is possible. The Inheritance Act of 1965 gives a court discretion to cancel an order it gave to distribute an estate on the basis of facts or claims which it was unaware of when it granted the order.

 

The will must, however, be declared valid before probate can be granted and the estate distributed according to it.

 

Finding Money After Inheritance Order Given

Finding Money After Inheritance Order Given

 

Question:

 

I am an heir, according to an inheritance order given by the Inheritance Registrar. I have no idea, however, where my deceased relative kept his money in Israel . How can I proceed legally to obtain my share of the inheritance ?

 

Answer:

 

Once an inheritance order is granted, with a person named as an heir, then he/she can apply directly to any financial institution in Israel , e.g. banks, pension funds etc, by letter, enclosing a copy of the order, and asking whether the deceased held property there

 

Relinquishing Inheritance Without Reason

Relinquishing Inheritance Without Reason

 

Question:

 

Is it possible to give up one’s right to inheritance without giving a reason ?

 

Answer:

 

Yes. A person can give up his/her inheritance rights by signing an affidavit to that effect according to the Inheritance Regulations without any special reason for doing so, and without mentioning any reason.