Inheritance Law & Continuing Power of Attorney

Inheritance law in Israel is governed primarily by the Succession Law, 5725-1965, which establishes the rules for the transfer of a deceased person's estate to their heirs. The law recognizes two principal modes of succession: inheritance by law (intestate succession), which distributes the estate according to a statutory order of priority among relatives, and inheritance by will. Israeli law recognizes several types of wills, including a handwritten will, a will made before witnesses, a will made before an authority, and an oral will made in contemplation of death. Each type has specific formal requirements that must be strictly observed for the will to be valid. An experienced inheritance lawyer in Tel Aviv can advise on will preparation, ensuring that the testator's wishes are clearly expressed and legally enforceable, while also addressing potential challenges from disgruntled heirs or questions of testamentary capacity.

The probate process in Israel involves obtaining a legal order that formally recognizes the right to inherit. When a person dies without a will, the heirs must apply to the Registrar of Inheritance or the Family Court for a succession order, which identifies the legal heirs and their respective shares. When a valid will exists, the beneficiaries must apply for a probate order, which confirms the will's validity and authorizes its execution. Both processes involve publication of the application, a waiting period for objections, and review by the Administrator General. If objections are filed — whether challenging the validity of a will, the identity of heirs, or the distribution of assets — the matter becomes contested and may require litigation. Our law firm in Tel Aviv handles both straightforward and contested succession proceedings, representing heirs, beneficiaries, and executors with the sensitivity and diligence that these matters demand.

International estates present unique legal challenges, particularly when the deceased held assets in multiple countries or when heirs reside in different jurisdictions. Questions of applicable law — which country's succession rules govern the estate — must be resolved, often requiring analysis of treaties, conflict-of-laws principles, and the laws of each relevant jurisdiction. The enforcement of foreign probate orders in Israel, the transfer of assets across borders, and the tax implications of international inheritance all require specialized legal knowledge. As a lawyer in Tel Aviv with experience in cross-border succession matters, Adv. Even assists families navigating the complexities of international estates, coordinating with legal professionals abroad and ensuring that the estate is administered in compliance with all applicable laws. This is particularly relevant for the many families in Israel with connections to communities in Europe, North America, and elsewhere.

A Continuing Power of Attorney is a legal instrument that allows an individual to appoint a trusted person to make decisions on their behalf in the event that they lose the capacity to do so independently. Governed by specific provisions of Israeli law, this document can cover matters of personal welfare, medical treatment, and financial affairs. Unlike a general power of attorney, which becomes void when the grantor loses capacity, a Continuing Power of Attorney is specifically designed to take effect in such circumstances. The document must be prepared by a lawyer who has undergone specialized training and must be deposited with the Administrator General. Our law firm in Tel Aviv prepares Continuing Powers of Attorney with care, ensuring that the document accurately reflects the grantor's wishes, addresses foreseeable scenarios, and provides clear instructions to the appointed representative. This proactive legal planning provides peace of mind and avoids the need for guardianship proceedings, which are more costly, time-consuming, and intrusive.