Wills
Why is a will important?
Talking about wills can be uncomfortable due to their association with death, but it’s important to remember that wills are primarily about the living. Your will allows you to leave a legacy to your family, friends, or favorite charities, ensuring they are cared for after you’re gone. A will is essential for everyone, whether you’re a young adult starting a family or a retiree who has recently made Aliyah. And it is essential if you already have a will, that it be checked and updated every 3-5 years, especially after significant life events.
With a will, you can leave your property, money, investments, and other valuables to whoever you choose, such as your children, spouse, friends, or charitable organizations. You have complete control over who is named in your will, but you must act carefully, especially if you’re making decisions that might seem uncharacteristic. For example, if you leave one child out of your will without explanation, they may be able to challenge it, claiming their exclusion was an oversight.
Benefits of having a will
Leave a Legacy:
Ensure your family, friends, or favorite charities are cared for after you’re gone.
Complete Control:
Decide who will receive your property, money, investments, and other valuables.
Avoid Family Disputes:
Clearly outline your wishes to prevent potential challenges or claims of oversight.
Essential for All Ages:
Important for both young adults starting a family and retirees.
Simplifies Probate Process:
Helps avoid lengthy and costly court procedures, especially with assets in multiple countries.
Reduces Complexity:
Helps manage assets in different countries by creating wills specific to each jurisdiction.
Prevents Ambiguities:
Clear instructions prevent misunderstandings and ensure your estate is handled according to your wishes.
What types of wills are recognized in Israel?
If you are coming from a Western country, it is important to understand that Israeli law regarding wills is going to look a little different than what you are used to. For example, there are four varieties of valid and binding wills in Israel:
- A will written in your own hand and signed by you.
- A spoken will heard by an authority such as a judge.
- A will drafted by an attorney and signed and dated by two witnesses.
- A deathbed will, which is a verbal statement of your wishes when you are near death.
Each type of will has specific rules for its creation. If those rules are not followed, the will is invalid. Even some valid wills may be contested if they contain ambiguous language or do not fully account for the entirety of your estate.
Is your foreign will valid?
If you have a will created outside of Israel it is considered valid in Israel if it meets the legal standards of the place where it was written. However, the Israeli court might ask for your will to be translated into Hebrew and certified before it can be processed in Israel.
So while your foreign will may be recognized in Israel, it is generally advisable for Israelis to have a separate will drafted under Israeli law to simplify the probate process for their local assets. This ensures the will meets all the formal requirements and can be easily administered by the Israeli courts.
Get legal guidance
Consulting an experienced Israeli family law attorney ensures your will is up to date, and clear and that everything will be distributed according to your wishes after your passing. At Hait Family Law, we are here to guide you through this important process with compassion and expertise.
By working with a lawyer familiar with will creation in Israel, you can ensure your will satisfies all legal requirements and is smoothly handled by the Israeli judicial system, preventing your family from facing contentious and costly litigation over your estate.
Contact Hait Family Law for expert legal advice on wills.
Contact us today to schedule a call and find out how we can assist you in preparing your will.
