Inheritance
Heirs Under Will / Probate
My brother refuses to give me the original will signed by our father, a widower, who died recently. I want to get the estate divided up. Can I get an order enforcing the will from the Inheritance Registrar if I attach a photocopy of the will which I have ?
Inheritance •Heirs Under Will / ProbateI live outside Israel. Many years ago my uncle, who lived in Israel, gave me a sealed copy of his will. He told me he had ‘remembered me’in his will and was giving me the will so that I would not be forgotten and lose out by living abroad. My uncle has recently died. The will remains unopened, its wax seal intact. Can I open it now and can I claim my inheritance while remaining abroad ?
Inheritance •Heirs Under Will / ProbateYes to both questions ! Firstly, the will can be opened and the beneficiary living abroad can sign a power of attorney at an Israeli Consulate Overseas appointing a lawyer in Israel to apply for probate (an order enforcing the will) on behalf of the beneficiary abroad.
Does Israeli law put a time limit on when application has to be made for probate regarding a will ?
Inheritance •Heirs Under Will / ProbateNo, there is nothing mentioned in the 1965 Inheritance Law or its regulations concerning a deadline within which an application for probate of a will in relation to when the testator died.
What is “probate” exactly ?
Inheritance •Heirs Under Will / ProbateProbate is a special legal order that declares that a will made by someone who has died is actually valid, in whole or part and is a binding declaration of inheritance rights according to that will. It is a special kind of inheritance order, based on the testator’s will, rather than inheritance law, which applies when there is no valid will.
If probate has already been obtained for a will overseas, is it still necessary to apply for probate in Israel regarding Israeli property ?
Inheritance •Heirs Under Will / ProbateYes.
How can a will be enforced in Israel, when the person who made it dies ?
Inheritance •Heirs Under Will / ProbateApplication should be made for an order (called probate) to enforce the will. This can be done by a beneficiary (someone who inherits under the will ) or an interested person.Normally application for probate is to the Inheritance Registrar, but in certain circumstances, it will be to the family or religious court.
Is probate always granted for a will ?
Inheritance •Heirs Under Will / ProbateWho has a right to check and see if an application has already been made for probate of a will after a person has died ?
Inheritance •Heirs Under Will / Probate* We hope you find our website useful and easy to use. Please note, however, that the information provided on it is not a substitute for personal legal counselling which is available upon payment.