For many years, most Israelis didn’t think about wills, trusts and/or estates in Israel. Many did not have much property and for reasons of religion, superstition, naivete or ignorance, most did not make any estate planning. Any earthly possessions were left for those left behind to deal with as they saw fit.
In many cases, a lack of planning caused much acrimony and discord among family members and at some point, some families went to court to settle affairs, whether the biological relatives were involved or a non-parental spouse. Things got messy for lack of a will.
As Israeli society matured, more awareness emerged. People eventually realized that they could make the grieving process less complicated by putting their desires in writing and leaving a last will and testament, distributing all their worldly goods to whomever they wished.
In Israel, any will, trust or estate document must be validated. To validate these documents, they must be notarized and properly filed with the courts. Once filed, the validated document, stamped by the court, will be sent to each beneficiary, as well as the attorney who filed the papers. Failure to comply with this protocol can cause all kinds of unnecessary delays and hiccups. Even something as simple as transferring ownership of a car to the beneficiary, when the original owner is deceased can be held up immeasurably.
Today, more Israelis are better educated in these matters and try to insure that there will be no misunderstandings or misappropriation of funds or property. Israeli probate and inheritance laws will only serve those legally recognized by the courts. To be recognized, estate planning is a must.
A notary in Israel is always a lawyer. Choosing a sharp, savvy, lawyer will insure that your will, estate and/or trust petitions, as well as other documents will be handled properly, for your best interest.
Furthermore, a lawyer who knows both, American and Israeli laws can also execute a last will and testament or estate plan, giving entire families peace of mind. If you have property both, here and back in the United States, whether it be real estate or finances, a lawyer in Israel can properly represent you and make sure that your wishes are carried out.
Different Kinds of Wills in Israel
In Israel, different variations of a will can be considered valid. A will can be handwritten, as long as the bestower has also signed it by hand and also handwritten the date on which it was drafted.
A will can also be written up in any manner and signed by the bestower in the presence of witnesses. It must be dated and the witnesses must legibly write their full names, Israeli ID numbers and sign. It is strongly advised that one of the witnesses be an Israeli attorney who specializes in inheritance law, in order to prevent any mistakes that would render it invalid.
A bestower who chooses to record his or her last wishes, without involving family members or friends, can also draw up a will in the presence of an authority, such as the Israeli court or Inheritance Registrar and either, submit a written will to a judge, who is an Israeli Notary, or registrar, or orally dictate the will to them.
In the event that the person leaving the trust or estate is on his or her deathbed, it is possible to draw up an oral will, in the presence of two witnesses who can understand everything that is said. Said parties have to record everything, including the date. To validate this last will and testament, it has to be submitted and filed with the Inheritance Registrar. Mind you, if the bestower is still alive a month after the date that the will is drawn, it will render it invalid, since he or she was not on his or her deathbed, as was thought at that time.
Arming yourself with the right Israeli lawyer will avoid mistakes that can render your precious documents pertaining to wills, trusts and estates, void. Make the right choice for you and your loved ones.