I have been locked into an unhappy marriage for over 20 years but my husband would fight me to the death in court if I filed for divorce because he has always leaned on me financially. I have worked and developed a career while he has switched occupations and been in and out of work, and been downright lazy and irresponsible. Recently I discovered I have cancer and my chances of recovery are slim. Divorce is out of the question because legal battles would be disastrous for me physically and emotionally now. Our home and everything we own is the result of my hard work during our marriage. What can I do to maximize what my children will get after I die and minimize what my husband will get ?
By: דיאנה שאלתיאל•Published on: 12 May, 2022Unless you make a will, your husband would be entitled to his full rights as a surviving spouse under the 1965 Inheritance Law upon your demise, and your property would be shared between him and their children. This would still be the case however bad their relationship was, and even if they were locked in a divorce battle. If, however, you make a will you can double what your children will get – without a draining legal battle during your lifetime
If you die without making a will , her husband will be entitled to the family car, and the house contents. Your share of the family home (50%) will be shared equally between her husband and their children. The husband’s share of it will increase from 50% to 75% and the children will be entitled to 25% between them. Your husband will get half of the rest of your estate and the children will get the other half between them.
To avoid this, you can make a will bequeathing your 50% of the family home to the children, which will double their share, and all of the remainder of your property (which is half of the couple’s marital property) to them. You cannot, however, bequeath them your pension rights which are excluded from your estate and will pass to your surviving spouse , according to the terms of the pension fund.