![\"French](\"https:\/\/lawfirmbackup_200125.k1uagm.ap-southeast-2.wpstaqhosting.com\/wp-content\/uploads\/2019\/07\/Marseille-300x225.jpeg\")
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When is a French Foreign Legal Opinion for an Inheritance is required? <\/strong><\/h4>\nSection 136 of the Israeli Succession Law, 5725-1965<\/a> states that the courts in Israel are authorized to rule on the inheritance of a person whose place of residence was in Israel at the time of death, or who left behind property in Israel. Property can be real estate, moveable assets, bank accounts, pension funds, securities etc. Section 137 provides that the inheritance shall be subject to the law of the testator\u2019s place of residence at the time of death, except for what is provided in sections 138 through 140, which deal with the law on certain assets, fitness to make a will and the form of a will.<\/p>\nFollowing this provisions, in a situation such as the deceased\u2019s place of residence was not Israel but France, but they had assets in Israel, the Family Court must obtain a French foreign legal opinion regarding the law that applies to these assets.<\/p>\n
According to Section 67A (7) of the Succession Law, a demand to issue an inheritance or will probate order, made by the deceased\u2019s heirs to the Inheritance Registry, will be transferred to the Family Court which will consider the claim as well as the foreign legal opinion.<\/p>\n
Therefore, the heirs of a deceased person resident in France who left a property estate in Israel, want to actualize the will, they must submit, in addition to a demand to probate the will, a French expert legal opinion regarding foreign law in France.<\/p>\n
Naturally, if assets left behind by a French resident are located in France, the heirs should file a petition for probate or succession in France. Nonetheless, this probate order is not automatically recognized in Israel and the inheritors of any assets remaining within Israel will need to obtain a foreign legal opinion attached to the petition.<\/p>\n
However, in the event that the deceased did not leave behind an apartment but a provident fund or a life insurance policy with specific beneficiaries, there is, in most cases, no need for a foreign legal opinion.<\/p>\n
What is a foreign legal opinion? <\/strong><\/h4>\nA foreign legal opinion is an opinion of a foreign expert relating to the law that applies to the deceased\u2019s inheritance in their main place of residence at the time of their death, for which a petition was submitted to the Family Court or the Inheritance Registry.<\/p>\n
If the deceased is a foreign resident, an expert foreign legal opinion is required to enable the court to determine the foreign law regarding the question of the division of the deceased\u2019s estate. An attorney\u2019s office which deals with establishing foreign legal opinions will assist with this issue.<\/p>\n
An expert opinion, except for matter connected to medicine, must be submitted to the court no later than the date of submission by the claimant of the declarations of the main witnesses (unless the court determines otherwise).<\/p>\n
\u00a0<\/strong>Who is considered a foreign law expert? <\/strong><\/h4>\nThe foreign law must be proven by the opinion of an expert in the foreign law.<\/p>\n
The main court ruling on this matter in the civil case 6796\/97 Berg Jacob and Sons (furniture) V. Berg East Imports Inc.,<\/u><\/a> in which the Supreme Court highlighted the difficulty to determine precisely who may be considered an expert in foreign law. Nonetheless, the civil case (Tel Aviv) 2301-03-16 Matthias Kohari v. Rinat Bernier<\/u><\/a> stated that a foreign law expert could be:<\/p>\n
Following this provisions, in a situation such as the deceased\u2019s place of residence was not Israel but France, but they had assets in Israel, the Family Court must obtain a French foreign legal opinion regarding the law that applies to these assets.<\/p>\n
According to Section 67A (7) of the Succession Law, a demand to issue an inheritance or will probate order, made by the deceased\u2019s heirs to the Inheritance Registry, will be transferred to the Family Court which will consider the claim as well as the foreign legal opinion.<\/p>\n
Therefore, the heirs of a deceased person resident in France who left a property estate in Israel, want to actualize the will, they must submit, in addition to a demand to probate the will, a French expert legal opinion regarding foreign law in France.<\/p>\n
Naturally, if assets left behind by a French resident are located in France, the heirs should file a petition for probate or succession in France. Nonetheless, this probate order is not automatically recognized in Israel and the inheritors of any assets remaining within Israel will need to obtain a foreign legal opinion attached to the petition.<\/p>\n
However, in the event that the deceased did not leave behind an apartment but a provident fund or a life insurance policy with specific beneficiaries, there is, in most cases, no need for a foreign legal opinion.<\/p>\n
What is a foreign legal opinion? <\/strong><\/h4>\nA foreign legal opinion is an opinion of a foreign expert relating to the law that applies to the deceased\u2019s inheritance in their main place of residence at the time of their death, for which a petition was submitted to the Family Court or the Inheritance Registry.<\/p>\n
If the deceased is a foreign resident, an expert foreign legal opinion is required to enable the court to determine the foreign law regarding the question of the division of the deceased\u2019s estate. An attorney\u2019s office which deals with establishing foreign legal opinions will assist with this issue.<\/p>\n
An expert opinion, except for matter connected to medicine, must be submitted to the court no later than the date of submission by the claimant of the declarations of the main witnesses (unless the court determines otherwise).<\/p>\n
\u00a0<\/strong>Who is considered a foreign law expert? <\/strong><\/h4>\nThe foreign law must be proven by the opinion of an expert in the foreign law.<\/p>\n
The main court ruling on this matter in the civil case 6796\/97 Berg Jacob and Sons (furniture) V. Berg East Imports Inc.,<\/u><\/a> in which the Supreme Court highlighted the difficulty to determine precisely who may be considered an expert in foreign law. Nonetheless, the civil case (Tel Aviv) 2301-03-16 Matthias Kohari v. Rinat Bernier<\/u><\/a> stated that a foreign law expert could be:<\/p>\n
The foreign law must be proven by the opinion of an expert in the foreign law.<\/p>\n
The main court ruling on this matter in the civil case 6796\/97 Berg Jacob and Sons (furniture) V. Berg East Imports Inc.,<\/u><\/a> in which the Supreme Court highlighted the difficulty to determine precisely who may be considered an expert in foreign law. Nonetheless, the civil case (Tel Aviv) 2301-03-16 Matthias Kohari v. Rinat Bernier<\/u><\/a> stated that a foreign law expert could be:<\/p>\n