Inheritances, wills and estate administration: arranging the continuity of property

When a person dies, the question of what will be done with their property, their rights and their debts is an emotional matter, but also a complex legal one. The Halevi • Levi law office, which specializes in inheritance law and estate administration, accompanies families and heirs in proceedings involving wills, objections, the administration of estates and the implementation of inheritance orders, responsibly, discreetly and with respect for the wishes of the deceased.

A Will: The Secure Way to Future Control

A will is a legal document in which a person determines how their property will be divided after their death. There are several types of wills recognized under the Inheritance Law, 5725-1965:

A handwritten will

A will made before witnesses

A will made before an authority (a judge, a notary, the Registrar of Inheritance)

A deathbed will

A will drawn up by a lawyer who specializes in inheritance law, and approved in accordance with the requirements, prevents future family disputes.

Inheritance Order or Probate Order

After a person's death, an application must be submitted for:

An inheritance order: if there is no will

A probate order: if there is a valid will

The applications are submitted to the Registrar of Inheritance Affairs or to the Rabbinical Court (at the applicant's choice), and forms, affidavits, publication confirmations and identifying documents must be attached to them.

Estate administration: when the appointee is responsible for carrying it out

In cases where a professional is required in order to administer the deceased's property, the court appoints an estate administrator, whose role is:

To locate assets and debts

To see to a fair distribution in accordance with the will or the law

To resolve disputes among heirs

To pay the estate's debts and to approach the authorities

Proper administration of an estate prevents serious mistakes, particularly where real estate assets, businesses, inheritances from abroad or complex families are involved.

Frequently asked questions: inheritance, wills and estate administration

Is it mandatory to draw up a will?

No, but without a will the inheritance will be divided according to the law, and not necessarily according to your personal wishes. It is therefore advisable to draw up a will in good time.

How much are heirs entitled to under the Inheritance Law?

The default: the spouse receives half, and the children divide the remainder of the estate between them. In cases where there are no children, the parents or the siblings are entitled.

Can a will be challenged?

Yes, an objection to a will can be filed on the grounds of undue influence, forgery, lack of capacity or a formal defect, and substantial evidence is required.

Who needs estate administration?

Where there are complex assets, a dispute among heirs, conflicting wills or persons unable to care for themselves among the heirs, it is advisable to apply to the court for the appointment of a professional estate administrator.

How long does it take to receive an inheritance order or a probate order?

On average between 2 and 3 months, depending on the Registrar's workload and on the completeness of the documents.

The Halevi • Levi law office: inheritance law with a sensitive and professional approach

The office accompanies clients in the preparation of wills, the filing of applications for inheritance orders, representation in objections and the administration of estates, responsibly, sensitively and with full transparency toward the family and the authorities.