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Succession Law, 5725-1965

חוק הירושה, תשכ"ה-1965

Published: 1965-02-10Consolidated Hebrew text as of 2025-01-01 · Last amended 2024-07-07✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Section F: Liability of Heirs for Debts of the Estate

Liability in Assets of the Estate§
126.

Until the distribution of the estate, the heirs are not liable for the debts of the estate except out of the assets of the estate.

Liability to the Extent of What Was Received§
127.
(a)Where the estate has been distributed after the creditors were summoned under section 99 or under section 123 and after the debts known at the time of distribution were settled, an heir is not liable for debts that were not settled unless it is proved that the heir knew of them at the time of distribution, and only to the extent of the value of what the heir received from the estate.
(b)The distribution particulars under section 118 or under section 125 shall constitute prima facie evidence of what each heir received from the estate, and where a valuation was included therein — also of the value thereof.
Liability to the Extent of the Entire Estate§
128.
(a)Where the estate has been distributed without the creditors being summoned and without the debts known at the time of distribution being settled, each heir is liable for the debts that were not settled to the extent of the value of the entire estate at the time of distribution; however, if the heir proved that the heir did not know of a particular debt at the time of distribution, the heir shall be liable for it only to the extent of the value of what the heir received from the estate.
(b)The burden of proving the value of the estate or of what an heir received from the estate lies upon the heir.
Liability in Special Cases§
129.

Notwithstanding the provisions of sections 127 and 128 —

(1)an heir who concealed assets of the estate and thereby prevented the settlement of debts is liable for all the debts that were not settled to the extent of the value of the entire estate at the time of distribution;
(2)an heir who concealed the existence of a debt or otherwise frustrated the settlement thereof is liable for that debt to the extent of the value of the entire estate at the time of distribution.
Law Applicable to Transfer and Charge of a Share in the Estate§
130.
(a)Where an heir has transferred or charged the heir's share in an estate that has not yet been distributed, as referred to in section 7, this shall not affect the heir's liability for the debts of the estate.
(b)The transferee is liable, as guarantor of that heir, for the debts of the estate that were not settled before its distribution, to the extent of the value of what the transferee received from the estate, and the chargee — to the extent of what the chargee received upon realisation of the charge.
Liability of the Legatee§
131.
(a)A legatee is not liable, notwithstanding the provisions of sections 127 to 130, for debts of the estate that were not settled before its distribution, except to the extent of the value of what the legatee received from the estate, and a creditor is not entitled to collect from the legatee so long as the creditor can collect from an heir who is not a legatee.
(b)A legatee is not liable for the legacies of other legatees.
Liability for the Whole or Part of a Debt§
132.
(a)A creditor whose debt an heir is liable for under the provisions of this Section may claim from the heir the full amount of the claim to the extent that it does not exceed the scope of the heir's liability, provided that the creditor gave notice of the claim within the period prescribed in the summons under section 99 or section 123, if such summons was made.
(b)A creditor who did not give notice of the claim within the period prescribed in the summons under section 99 or section 123 and has no justification for the failure to give notice, is not entitled to claim from an heir except a proportionate share of the claim in the ratio of that heir's share in the entire estate, and only within two years from the end of that period.
Exemption from Liability§
133.

A person who is liable for the debts of the estate under the provisions of this Section may be exempted by the court from such liability, in whole or in part, if the person acted in good faith with regard to the debts of the estate and what the person received from the estate is small, or if there is another special reason justifying such exemption.

Distribution of the Burden of Debts among the Heirs Inter Se§
134.
(a)The heirs inter se bear the debts of the estate in proportion to their respective shares in the estate, unless the deceased directed otherwise in the will with respect to the distribution of the burden of debts, provided that an heir shall not bear debts of the estate in an amount exceeding the heir's liability towards the creditors.
(b)An heir who has settled to a creditor more than the heir's proportionate share as between the heir and the other heirs may demand from the others reimbursement of the excess to the extent that they have settled less than their proportionate shares.

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Chapter VII: Private International Law

Definition§

135.

In this Chapter, the "domicile" of a person means the place where the centre of the person's life is situated; a minor, a legally incompetent person, and a person for whom a guardian has been appointed are presumed to be domiciled at the place of domicile of their representative within the meaning of the Legal Capacity and Guardianship Law, 5722-1962, so long as it has not been proved that the centre of their life is situated elsewhere.

Jurisdiction of Israeli Courts§

136.

A court in Israel has jurisdiction to adjudicate the succession of any person whose domicile at the time of death was in Israel or who left assets in Israel.

Choice of Law§

137.

The succession shall be governed by the law of the domicile of the deceased at the time of death, except as provided in sections 138 to 140.

Law Applicable to Certain Assets§

138.

Assets that pass by inheritance according to the law of the place of their situation only, shall be governed in respect of their inheritance by that law.

Capacity to Make a Will§

139.

The capacity to make a will shall be governed by the law of the domicile of the testator at the time of making the will.

Form of the Will§

140.
(a)A will is valid as to its form if it is valid under Israeli law, under the law of the place where it was made, under the law of the domicile or habitual residence of the testator, or under the law of his nationality, at the time it was made or at the time of his death, and in so far as the will relates to real property — also under the law of the place of its situation.
(b)For the purpose of applying a foreign law under this section, the capacity required of the testator or of the witnesses to the will shall be regarded as a matter of form.

Classification of Terms§

141.

For the purpose of determining jurisdiction and the applicable law under sections 136 to 140, every term shall bear the meaning it has in Israeli law.

Foreign Law Referring to Another Law§

142.

Notwithstanding anything contained in this Law, where the law of a particular state applies and that law refers to a foreign law, the reference shall not be resorted to, and the internal law of that state shall apply; however, where the law of that state refers to Israeli law, the reference shall be resorted to and the internal Israeli law shall apply.

Foreign Law to Which Resort Is Not Had§

143.

Notwithstanding anything contained in this Law, where a foreign law applies, resort shall not be had to it in so far as it discriminates on grounds of race, religion, sex or nationality, or contradicts public policy in Israel.

Restriction on Application of Foreign Law§

144.

Notwithstanding anything contained in this Law, a foreign law that confers intestate succession rights upon a person who is not related to the deceased by consanguinity or by a relationship of marriage, matrimonial alliance or adoption, shall not be resorted to except in so far as that foreign law recognises equivalent succession rights conferred by Israeli law.

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Chapter VIII: Miscellaneous Provisions

Law Applicable to a Sole Heir§

145.

Where the deceased leaves only one heir, the provisions of this Law relating to a share in the estate shall apply to the estate as a whole, and the provisions of this Law relating to the distribution of the estate shall apply to the merger of the assets of the estate with the assets of the sole heir.

Inheritance in Certain Cases§

146.

Where a person who at his death was married to more than one wife, that which falls to a spouse by intestate succession shall be divided equally among his widows.

Law Applicable to Payments under Insurance, Etc.§

147.

Sums payable upon the death of a person under an insurance contract, by virtue of membership in a pension fund or provident fund, or on a similar ground, are not comprised in the estate, unless it was stipulated that they are payable to the estate.

Preservation of Family Law§

148.

This Law does not come to affect the property relations between husband and wife or rights arising from the matrimonial bond; however, rights of inheritance and rights to maintenance from the estate shall be governed solely by this Law.

Abolition of "Miri"§

149.

For the purposes of inheritance, the special laws relating to real property of the "miri" category are abolished.

Independence of the Law§

150.

In matters of inheritance, section 46 of the Palestine Order in Council, 1922-1947 shall not apply.

Competent Court§

151.

The court competent under this Law is the Family Court.

Appeal against a Decision of the Registrar of Inheritance Affairs§

151a.

A person who considers himself aggrieved by a decision of the Registrar of Inheritance Affairs may appeal against it to the court competent under section 151, which shall hear the appeal before a single judge.

152.§

(Repealed — תשנ״ה)

Parties to Proceedings§

153.

In any matter entrusted under this Law to the court, any person having an interest in the matter may apply to it; the Attorney General or his representative may also, if he considers that there is a public interest involved, institute any legal proceeding under this Law, including an appeal, and appear and plead in any such proceeding.

Guardianship for Inheritance Matters§

154.

Where an heir or a person entitled to maintenance from the estate is, in the opinion of the court, unable to protect his rights in the estate by himself or through his representative, the court may, on the application of an interested person or on its own initiative, appoint a guardian for him to protect his rights in the estate.

Jurisdiction of Religious Courts§

155.
(a)Notwithstanding the provisions of sections 66(a) and 151, a religious court that had jurisdiction in matters of personal status of the deceased is competent to grant a succession order and a probate order and to determine rights to maintenance from the estate, if all parties concerned under this Law have expressed their consent thereto in writing.
(a1)Where a religious court has granted a succession order or a probate order under this section, a copy of the order shall be transmitted to the Registrar of Inheritance Affairs for registration under section 73d.
(b)Where among the parties concerned under this Law there is a minor, a person declared legally incompetent, or an absentee who has no guardian, the religious court may appoint a guardian for him for the purpose of giving consent to the jurisdiction of the religious court and for the purpose of representing him before it.
(c)In a matter brought before a religious court in accordance with subsection (a), the religious court is competent, notwithstanding the provisions of section 148, to act in accordance with the religious law applied by it, provided that if among the parties there is a minor or a person declared legally incompetent, his rights of inheritance, whether under intestacy or under a will, and his rights to maintenance from the estate shall not be less than they would have been under this Law.
(d)In a matter brought before a religious court in accordance with subsection (a), the religious court is also competent to appoint an estate administrator and to distribute the assets of the estate, and Sections A to E of Chapter Six, except sections 105 and 106, shall apply, and wherever in those sections reference is made to the court it shall be read as if reference were made to a religious court.
(e)Subsection (a) does not come to affect section 4 of the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, 5713-1953.
(f)In this section, "religious court" means a Rabbinical Court, a Sharia court, a court of a Christian community, and a Druze court.

Repeals§

156.
(a)The following are repealed —
(1)sections 877 to 880, 1570, 1571, 1594 second paragraph, 1595 to 1605 of the Mejelle;
(2)the Succession Ordinance;
(3)section 4 of the Women's Equal Rights Law, 5711-1951.
(b)In the Palestine Order in Council, 1922-1947 —
(1)in section 51(1), "inheritances, wills and estates" shall be deleted;
(2)in section 54(1), "and probate of wills" shall be deleted.

Transitional Provisions§

157.

Where a person died before the commencement of this Law, the law in force on the eve of the commencement of this Law shall apply to his inheritance.

Earlier Wills§

158.
(a)A will made before the commencement of this Law where the testator died after its commencement —
(1)is valid, as to its form and as to its content, if it was valid on the eve of the commencement of this Law or under the provisions of this Law;
(2)may not be invalidated on account of a matter that is not a ground for revocation of a will under this Law.
(b)A person who made a will before the commencement of this Law may revoke it, after its commencement, in accordance with the provisions of this Law.

Pending Proceedings§

159.

Proceedings in matters of inheritance that were commenced before the commencement of this Law shall continue as though this Law were not in force.

Implementation and Regulations and Amendment of the First Schedule and the Second Schedule§

160.
(a)The Minister of Justice is charged with the implementation of this Law and may make regulations on any matter relating to its implementation, and also on the following matters:
(1)the making of a will before an authority abroad and the deposit of a will abroad;
(2)central registration of wills made before an authority and of wills that have been deposited;
(3)the giving of personal notice to interested persons in addition to public notice; the giving of personal notice or public notice in additional cases beyond those specified in this Law; public notices, including their form and the manner of their publication, including the times of their publication, in Israel and abroad;
(4)accounts that estate administrators are required to keep;
(5)rules of procedure;
(6)procedural time limits, including time limits in respect of an application submitted to a religious court;
(7)fees, remuneration and expenses.
(b)Regulations under paragraphs (6) and (7) of subsection (a) require the approval of the Constitution, Law and Justice Committee of the Knesset.
(c)The Minister of Justice, with the approval of the Constitution, Law and Justice Committee of the Knesset, may, by Order, amend the First Schedule; the provisions of Section E'1 of Chapter Six shall apply to authorities listed in the First Schedule for three years from the day on which they were prescribed in or under this Law, in the First Schedule, and the Minister of Justice may extend, in the manner aforesaid, that period, in respect of a particular authority, for one additional period of three years.
(d)The Minister of Justice may, with the approval of the Constitution, Law and Justice Committee of the Knesset, amend the Second Schedule by Order.

Commencement§

161.

This Law shall come into force nine months from the day of its publication in Reshumot.

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