Estate Planning in Israel

Estate planning in Israel refers to the process that determines how an individual’s assets and financial obligations will be managed and distributed in the case of incapacitation or death. All issues regarding estate planning in Israel are regulated by the Ministry of Justice.

Basic Steps for Estate Planning in Israel 

The most basic step of estate planning is writing a will, but it may involve other steps as well, such as naming an executor to oversee the terms of the will (מנהל עיזבון “inheritance manager”), establishing a guardian for living dependents, and making arrangements for one’s funeral and burial.

In countries and territories that have estate taxes or inheritance taxes, estate planning often involves structuring one’s estate in a way that maximizes the benefit to inheritors. However, there is currently no estate tax in Israel, therefore that is not a relevant consideration.

Writing a Legal Will in Israel

There are four ways to write a legal will in Israel:

1. A handwritten will: any person can write a will on their own without the presence of witnesses or an attorney under the condition that the will be handwritten in its entirety by the testator (i.e. the person creating the will) and that every page of the will be dated with the date it was created. Any section of the will that is typed out or written by another person will not be considered valid unless it contains the signatures of witnesses. 
2. A will in the presence of witnesses: A printed will that is signed by the testator and by at least two witnesses to whom the will is proclaimed. It is recommended to use the services of a lawyer when creating this kind of will in order to make sure that it is in accordance with the law.
3. A will in the presence of an authority: A printed will may be signed by a testator also in the presence of a judge, a notary, or another authorized party instead of two witnesses but this is only rarely done. 
4. An oral will: In extreme cases, when a person is considered to be on their deathbed,  they may make a will orally in front of two witnesses. The implementation of such a will often involves more legal complications than a written will would.

For more information about errors in wills and amending wills, see our article How to Submit an Application to Amend a Will in Israel.

Additional Information about Testators and Wills

When a testator writes a will, they may also include within it the appointment of an executor who will oversee the terms of their will – the “inheritance manager” (menahel izavon). The appointment of such a person is by no means obligatory but is recommended in the case of an estate that is complicated to manage or distribute, or if there is a concern that there may be disputes between the inheritors.

A testator may also include in their will a declaration regarding who they would like to become the legal guardians of their living dependents as well as the testator’s desires for their children’s upbringing. Note that the appointment of the legal guardian is at the discretion of the presiding judge, however, they shall prioritize honoring the testator’s request whenever possible. 

After one’s will is written, it is advised to deposit it at the national Inheritance Registrar (which charges a small fee) so that it is never misplaced. However, this is not mandatory, and the will shall be considered legally binding in either case.

For much more information on all issues related to estates and inheritance, see our article on frequently asked questions in inheritance law.

Contact Us

Our law offices specialize in estate planning in Israel.  For legal assistance with this matter, please contact us.

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03-3724722

055-9781688

office@lawoffice.org.il