Israeli Intestate Succession   no comments

Posted at 7:39 pm in Writing a Will

If you die , what happens if you don’t have an estate plan ?  Most inheritance laws (the laws covering wills and inheritances) determine that inheritors are successors by law or beneficiaries by will; and that their rights to inherit are governed by the inheritance law, unless there is a succession plan .  In other words, when there is no will, the inheritance rights are determined by the law.

 Moreover, if there is a will that specifies only a limited number of assets – those assets that are ignored by the will will be divided by inheritance by law.   You should talk to local counsel , but in Israel an Israeli Lawyer will help you to understand that:

 These are the next of kin successors according to the Israeli Law:

1. The deceased’s surviving husband or wife ;

2. The deceased’s children and their offspring,

3. The deceased’s parents and their descendants,

4. The deceased’s grandparents and their descendents. 

5. The state.

  Allocation: the inheritance is divided  between 1 and 2 above, and the preference order is: offspring precede parents and parents take before grandparents.

 All children receive equal portions from the estate. The same applies to the decedent’s parents or grandparents among themselves.

 In other words, there are 3 basic levels of kinship :

Level A: children and their descendents (grandchildren and great-grand offspring);

Level B: parents and their descendents (brothers, sisters, nephews);

Level C: grandparents and their descendents (uncles, aunts, cousins).

Level D: if there are no descendants and no spouse, then the state takes all of the assets.

 The inheritance is granted to level A. If there are no live first degree relatives from level A, then it is granted to level B, and if there are no relatives in level B, it is then divided  within level C, and if there are no relatives in level C, and no surviving husband or wife , it is then divided  to level D..

 This is the general scheme used to determine succession rights by law:

 Level A:

If the deceased has offspring – the estate is equally distributed between them;

If there are no children – it is then distributed equally between the grand offspring;

No children and no grandchildren – great-grandchildren ;

 Level B:

Only if there is no one in level A, we continue to check relatives in level B.

If the decedent’s parents are alive – the estate is equally distributed to them (if only one is alive – half of the inheritance is granted to one parent, and half – to the deceased parent’s heirs);

If both parents are not alive – the inheritance is equally divided  between the siblings;

If the siblings are not alive – the inheritance is distributed between nephews (according to their parents’ share );

 Level C:

Only if there are no inheritors from level B, we finally continue to level C.

If the grandparents are alive – the inheritance is equally divided  between them;

When there are no live grandparents – the estate is divided  to uncles and aunts (grandparents’ children );

No uncles or aunts alive – cousins.

 The surviving husband or wife :

The spouse receives are not alive fifty percent of the estate if the deceased had offspring (or their descendents) or parents.

 The spouse gets chattels, including the car that belonged to the joint household, and the rest is divided  between the spouse and the other inheriting relatives :

 If the decedent had only siblings (or their offspring) or grandparents – the spouse is entitled to 2/3 (two – thirds) of the estate. If the surviving husband or wife was married to the deceased for at least three years and lived with the decedent in an apartment (or a house) that is included in the inheritance – the surviving husband or wife is then entitled to get all of the decedent’s rights in the apartment and sixty six percent from the remainder of the estate.

 When the decedent had no offspring or offspring offspring, no parents or grandparents and no brothers and/or sisters or their descendants – the surviving husband or wife   then inherits the rest of the estate .

For more information, speak to an Israeli Attorney today!.

 

 


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Written by JamieK on September 1st, 2010

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