Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.

Law

Inheritance Law, 5725-1965

חוק הירושה

Chapter IV: Maintenance from the Estate

Right to Maintenance

56.

If the deceased left a spouse, children, or parents who are in need of maintenance, they are entitled to maintenance from the Estate pursuant to the provisions of this Chapter, whether in inheritance by law or in inheritance by Will.

Scope of the Right to Maintenance

57.

[Amendment: 1969, 2017]

(a)The right to maintenance applies to –

(1)the spouse of the deceased – for the entire duration of their widowhood; however, the court may grant a one-time lump sum to the widow of the deceased who remarries if it sees fit to do so in the circumstances of the matter and with regard to the rights of the deceased's children;

(2)the children of the deceased – until the age of 18; a disabled child – for the entire duration of the disability; a child who is mentally ill – for as long as the child is mentally ill; and a child with an intellectual-developmental disability – as defined in the Welfare (Care of Persons with Intellectual-Developmental Disabilities) Law, 5729–1969;

(3)an adult child of the deceased whom the court has seen fit, according to the circumstances, to award maintenance – until the age of 23;

(4)the parents of the deceased for whose livelihood the deceased was responsible on the eve of his death – for the remainder of their lives.

(b)A spouse who, on the eve of the deceased's death, had been deprived of the right to receive maintenance from the deceased, is not entitled to maintenance from the Estate.

(c)A man and a woman who live together as a family in a shared household but are not married to each other, and one of them dies, and at the time of death neither of them was married to another person, the surviving partner shall be entitled to maintenance from the Estate as if they had been married to each other.

(d)For the purposes of maintenance, "child" includes a child born after the death of the deceased, a child born out of wedlock, an adopted child, and also a grandchild of the deceased who was orphaned before the death of the deceased or for whose livelihood the deceased was responsible on the eve of his death and whose parents are unable to provide maintenance for the grandchild.

Vocational Training Expenses

58.

Maintenance from the Estate — including expenses for the vocational training of the person entitled thereto.

Determination of Maintenance

59.

In determining the right to maintenance and its extent, the court shall take into account, inter alia:

(1)the value of the Estate;

(2)what the person entitled to maintenance is likely to receive from the Estate as an heir by law or as a beneficiary under a Will;

(3)the standard of living of the deceased and of the person entitled to maintenance as it was on the eve of the death of the deceased, and any change that has occurred in the needs of the person entitled to maintenance as a result of the death of the deceased;

(4)the property of the person entitled to maintenance;

(5)the income of the person entitled to maintenance from any source whatsoever, provided that with respect to the spouse of the deceased the court shall not take into account income from employment or from a vocation except to the extent that such income also served, on the eve of the death of the deceased, for the maintenance of the family or for the maintenance of the spouse;

(6)maintenance that the person entitled may receive pursuant to Sections 2 or 3 of the Family Law Amendment (Maintenance) Law, 5719–1959;

(7)with respect to the spouse of the deceased — what is due to that spouse by virtue of a cause of action arising from the marital relationship, including what the wife receives under a ketubbah.

Application for Determination of Maintenance

60.

[Amendment: 1995]

(a)An application for determination of maintenance shall be submitted to the court before the distribution of the Estate; however, the court may entertain an application submitted within six months after the distribution of the Estate if it finds that the circumstances justify doing so.

(b)The court may award maintenance retroactively from the date of the deceased's death; it may also award interim maintenance pending the final determination of the application.

(c)[(Repealed).]

Modes of Providing Maintenance

61.

(a)The court shall determine that maintenance be provided by way of recurring payments; however, it may determine that it be provided by a one-time lump sum payment, or part thereof in one form and part in the other, if it finds that the circumstances justify doing so.

(b)The court may determine the modes of providing maintenance, including, inter alia –

(1)who shall provide the maintenance and to whom it shall be provided;

(2)securing the maintenance by means of deposit, investment, annuity insurance, pledge, or in any other manner.

(c)The court may make the provision of maintenance subject to conditions if it finds that the circumstances justify doing so.

(d)Where recurring payments have been determined, any party may, at any time, apply for a change in the modes or conditions of their provision, or apply for their replacement by a one-time lump sum payment.

Disclosure of Facts and Change of Circumstances

62.

(a)Where maintenance has been determined, the person entitled to maintenance may apply for an increase thereof, and the heirs may apply for a reduction or cancellation thereof, and for the return of a lump-sum payment, in whole or in part, as the case may be, if facts have come to light that existed at the time of the determination of maintenance and were not known to the applicant at that time.

(b)Where recurring installments have been determined, the person entitled to maintenance may apply for an increase thereof, and the heirs may apply for a reduction or cessation thereof, if the circumstances that existed at the time of their determination have changed, provided that an application pursuant to this subsection shall not be submitted to the court before the expiration of one year from the date of its previous decision, and provided further that the court may decline to take into account a change in circumstances that the applicant could have anticipated at the time of the previous hearing.

(c)A heir shall not be required under this Section to pay maintenance except to the extent of the value of what that heir received from the Estate, and if that heir received Estate assets in good faith — to the extent of the value of what remains in that heir's possession; and a person entitled to maintenance shall not be required to return a lump-sum payment received, except to the extent of the value of what was received, and if received in good faith — to the extent of the value of what remains in that person's possession.

Augmentation of the Estate for Maintenance Purposes

63.

(a)If the Estate is insufficient to provide maintenance for all those entitled thereto, the court may treat as part of the Estate anything given by the deceased without adequate consideration within two years before the deceased's death, excluding gifts and donations made in accordance with the custom in the circumstances of the matter.

(b)The court may require the recipient to return to the Estate or to pay maintenance to the extent of the value of what remains in the recipient's possession at the time of the deceased's death, and if the recipient received in bad faith — to the extent of the value of what was received.

(c)The recipient may deduct the consideration given, or its value, from what the recipient is required to return or to pay.

Order of Priority among Those Entitled

64.

If the Estate is insufficient to provide maintenance for all those entitled thereto, the court may, according to the circumstances, divide it among them or award maintenance to those who appear to it to be most in need thereof.

Transactions Concerning the Right to Maintenance

65.

(a)An agreement concerning maintenance under this Chapter and a waiver thereof, if made during the lifetime of the deceased — are void, and if made after the deceased's death, require the approval of the court.

(b)A testamentary provision that negates or limits the right to maintenance under this Chapter — is void.

(c)The right to maintenance under this Chapter is not transferable, cannot be pledged or attached, and does not pass by Inheritance.

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Chapter V: Succession Order and Probate Order

National Supervisor and Registrars for Inheritance Matters

65a.

[Amendment: 1998]

(a)The General Guardian, as defined in Section 2 of the General Guardian Law, 5738–1978, shall be the National Supervisor for Inheritance Matters (hereinafter – the National Supervisor), and the Deputy General Guardian shall be the Deputy National Supervisor.

(b)Each of the deputies of the General Guardian who is qualified to serve as a judge of a Magistrate's Court shall be a Registrar for Inheritance Matters.

(c)The Minister of Justice may appoint, in addition to the Registrars under subsection (b), a State employee who is under the supervision of the General Guardian and who is qualified to serve as a judge of a Magistrate's Court, as a Registrar for Inheritance Matters.

(d)The Minister of Justice shall determine, by notice in the Official Gazette, the areas of operation of the Registrars for Inheritance Matters.

(e)The names of the deputies of the General Guardian who serve as Registrars for Inheritance Matters pursuant to the provisions of subsection (b), and the names of the Registrars for Inheritance Matters appointed pursuant to subsection (c), shall be published in the Official Gazette.

Declaration of the Rights of Heirs

66.

[Amendment: 1998]

(a)The Registrar for Inheritance Matters may declare the rights of heirs: in intestate inheritance – by means of an Inheritance Order; in testamentary inheritance – by means of an Order for Execution of Will (hereinafter – Execution Order).

(b)Where the testator bequeathed only part of his assets, an Execution Order shall be granted in respect of that part, and an Inheritance Order shall be granted in respect of the remainder.

Filing of Objections

67.

[Amendment: 1998]

Upon the filing of an application for an Inheritance Order or an Execution Order, the Registrar for Inheritance Matters shall give public notice thereof and shall fix an appropriate period, of not less than two weeks, for the filing of objections; any interested party may file an objection with the Registrar for Inheritance Matters within the period so fixed and for as long as the Order has not yet been granted.

Issuance of Succession Order and Probate Order by the Court

67a.

[Amendment: 5758, 5776, 5783]

(a)Notwithstanding the provisions of Section 66(a), an application for a succession order or a probate order that has been submitted to the Registrar of Inheritance Affairs shall be transferred to the court in any of the following circumstances:

(1)an objection to the application has been filed;

(2)the State or one of its institutions is a party to the application;

(3)the Attorney General or his representative deemed it appropriate to initiate proceedings in connection with the application or to join the proceedings;

(4)the General Guardian represents, in the application, a person whose property is managed by the General Guardian;

(5)[(deleted);]

(6)[(deleted);]

(7)[(deleted);]

(8)the Registrar of Inheritance Affairs deemed it appropriate to transfer the application to the court.

(b)An application whose proceedings have been transferred to the court pursuant to subsection (a) shall be deemed a claim under Section 1 of the Family Affairs Court Law, 5755–1995, and the court may declare the rights of the heirs as referred to in Section 66.

(c)Where the court has issued a succession order or a probate order pursuant to this Section, a copy of the order shall be transferred to the Registrar of Inheritance Affairs for the purpose of registration pursuant to Section 73d.

Evidence

68.

[Amendment: 1998, 2023]

(a)The fact of a person's death and the time of death require proof by means of a death certificate or a declaration of death, unless the court or the Registrar for Inheritance Matters has permitted, for special reasons to be recorded, their proof by other means.

(b)A will, other than an oral will, requires proof by submission of the original; where it has been proven that the original was destroyed in a manner or under circumstances that do not constitute revocation of the will, or that it is impossible to submit the original, the court or the Registrar for Inheritance Matters may permit proof of the will by submission of a copy or by other means; however, where the original is located outside Israel and cannot be submitted, and an Execution Order has been granted by a judicial tribunal or competent authority outside Israel – the will shall not require proof by submission of the original pursuant to this Section if the said Execution Order has been proven by way of proof of a foreign document pursuant to Section 30 of the Evidence Ordinance [New Version], 5731–1971.

Contents of Inheritance Order and Execution Order

69.

(a)An Inheritance Order shall declare the names of the heirs and the proportionate share of each of them in the Estate.

(b)An Execution Order shall declare that the will is valid, except for such provisions thereof as the court has found to be void.

Changes Following the Death of the Testator

70.

(a)Where an heir died after the death of the testator and before the granting of the Order, or where another change occurred during that period, the Order shall set out the particulars referred to in Section 69 as they stand at the time of the granting of the Order.

(b)Where an estate administrator has been appointed, this fact shall be noted in the Inheritance Order or in the Execution Order.

Effect of Inheritance Order and Execution Order

71.

An Inheritance Order and an Execution Order shall be valid against the whole world for as long as they have not been amended or revoked.

Amendment and Revocation of Inheritance Order and Execution Order

72.

[Amendment: 1985, 1998]

(a)Where a Registrar for Inheritance Matters or a court has granted an Inheritance Order or an Execution Order, either of them may, with respect to orders that it has granted, upon the application of an interested party, amend or revoke such orders on the basis of facts or arguments that were not before it at the time of the granting of the Order; however, where the Registrar for Inheritance Matters considers that a fact or argument that the applicant could have brought before the granting of the Order, or could have brought thereafter but failed to do so at the first reasonable opportunity, should not be entertained, the Registrar shall transfer the application to the court.

(b)Where an Inheritance Order or an Execution Order has been amended or revoked pursuant to the provisions of subsection (a), the Registrar for Inheritance Matters shall give public notice thereof and notify the intestate heirs or the beneficiaries under the will.

Protection of Bona Fide Purchaser

73.

A person who acquired a right in good faith and for consideration in reliance on an Inheritance Order or an Execution Order that was valid at that time, or a person who performed an obligation in good faith in such reliance, shall not have his right annulled nor be made liable a second time, even if the Order was subsequently amended or revoked.

Powers of the National Supervisor and Deputy

73a.

[Amendment: 1998]

(a)The National Supervisor shall determine the working procedures of the Registrars for Inheritance Matters.

(b)The powers vested in the National Supervisor under this Law are also vested in the Deputy National Supervisor; the National Supervisor may issue directives to the Deputy National Supervisor regarding the exercise of his powers.

Independence

73b.

[Amendment: 1998]

(a)In the performance of his duties under this Law, a Registrar for Inheritance Matters shall be subject to no authority other than the authority of the law.

(b)A Registrar for Inheritance Matters shall not act as the representative of the Attorney General in any matter in which he was involved in any legal proceeding under this Law.

Powers of Investigation

73c.

[Amendment: 1998]

A Registrar for Inheritance Matters shall have the powers vested in a commission of inquiry under Sections 9 to 11 of the Commissions of Inquiry Law, 5729–1968, to the extent required for the performance of his duties under this Law.

National Registry

73d.

[Amendment: 1998]

The National Supervisor shall maintain a national registry of Inheritance Orders and Execution Orders, of applications for Inheritance Orders and Execution Orders, and of wills deposited pursuant to Section 21; the particulars of the registry and the manner of its administration shall be determined by Regulations.

Expenses

74.

[Amendment: 1998]

The expenses incurred in proceedings under this Chapter, in an amount to be determined by the court or the Registrar for Inheritance Matters, shall be borne by the Estate, unless the court or the Registrar for Inheritance Matters has directed that they be borne, in whole or in part, by another party.

Delivery of Will to Registrar for Inheritance Matters

75.

[Amendment: 1995, 1998]

(a)Any person in whose possession a will is held is obligated to deliver it, in the original or in a certified copy, to the Registrar for Inheritance Matters immediately upon becoming aware of the death of the testator.

(b)A person who contravenes the provisions of this Section shall be liable to imprisonment of three months or a Fine.

Notice of Will

76.

[Amendment: 1998]

Where a will or a memorandum of an oral will has been deposited with a Registrar for Inheritance Matters, or a will has been delivered to him pursuant to Section 75, and no application for execution of the will has been filed within three months following the death of the testator or following the delivery of the will as aforesaid, whichever is the later, the Registrar for Inheritance Matters shall notify the persons entitled under the will and shall give public notice thereof; the particulars of the public notice shall be determined by Regulations.

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