I have just discovered that I have an irregular heart beat and could have a heart attack at any time. I have not told my wife with whom my relationship has deteriorated. I have been considering a divorce although we have been married for 15 years and have two children. What would happen to our home, car, house contents and savings if I died suddenly ? I have never made a will but have been wondering whether I should now as I’d certainly prefer my children to inherit what’s mine than my wife.
By: דיאנה שאלתיאל•Published on: 03 May, 2022You would certainly be advised to make a will. If you die intestate (without a will) then according to the 1965 Inheritance Law your wife would inherit the family car, the house contents and the rest of your estate ( your share in the family home and savings which is usually half ) would be shared equally by your wife and children, her getting half and each of them a quarter. Thus as long as you remain legally married, regardless of the state of your relationship and even if you are in the process of divorce, the wife would be entitled to this under law. Additionally because you married after 1974 when The Spouses’ Property Relations Act came into force, her rights as a married woman would be protected . Basically, she would be entitled to half of marital property acquired by mutual effort during the marriage, with certain property e.g. that belonging to you before marriage or obtained by way of gift/inheritance being excluded from this.
Having a will drafted would enable you to leave your half of the common property and anything belonging to you before marriage or gained by way of gift or inheritance to your children, and allow you to avoid your wife inheriting it.