Most people postpone making a will — "it's too early", "I don't own enough", "the family will manage". Then, on the day it is needed, their loved ones discover that the arrangement the legislature wrote is very different from what everyone assumed. Here is what happens without a will in Israel — and why one short document saves so much.
No will? The state has already written one for you
When a person passes away without a will, the estate is divided under the Succession Law, 1965 — a uniform formula that does not know you: in the common family scenario, the spouse receives half the estate and the children share the other half (the spouse also keeps certain rights, such as in the household chattels and the family car).
Sounds reasonable? Consider the most common practical consequence: the family home. If the apartment is registered in both spouses' names, the widow or widower ends up owning only three quarters of it — a quarter belongs to the children. When the children are adults in conflict, or minors (where court approval is needed for almost any action) — the ability to sell, rent out or mortgage the home is substantially impaired.
Who the default really doesn't suit
- Second marriages — with children from previous relationships, the default can effectively disinherit the children of the first marriage, or the opposite.
- Common-law partners — inherit under the law, but their status must be proven — fertile ground for disputes. A will spares the battle.
- Parents of a child with special needs — a direct inheritance can jeopardize benefits and entitlements; dedicated planning is needed.
- Business owners — without clear instructions, a living business can stall in the joint ownership of uninvolved heirs.
- Anyone with assets in more than one country — cross-border estates need coordinated planning; the Israeli default formula certainly won't do it for you.
Four ways to make a will in Israel
The Succession Law recognizes four forms: a handwritten will (entirely in the testator's handwriting), a will before witnesses (the most common — in writing, signed before two witnesses), a will before an authority (including a notarial will) and an oral will (a narrow exception for the gravely ill). The notarial will has a distinct evidentiary advantage: it is made before a notary who verifies the testator's identity and clarity of mind, making later challenges of undue influence or incapacity especially difficult. Details on our notarial services page.
What makes a will genuinely good
- Meeting the formal requirements — a formal defect is the classic ground for invalidation.
- Unambiguous drafting — no vague terms for heirs to fight over.
- Anticipating scenarios — what if an heir predeceases? What about future-acquired assets?
- Coordination with other documents — prenuptial agreements, beneficiaries of pension funds and life insurance (which pass outside the estate!), and an enduring power of attorney.
- Periodic updates — after marriage, divorce, births, deaths or a material change in assets.
Good to know: pension funds, provident funds and life-insurance policies pass to the beneficiaries registered with the fund — not under the will. Updating beneficiaries is an inseparable part of proper estate planning.
Mutual wills — the spouses' tool
Many couples make mutual wills: two wills drafted in reliance on one another — for example, "everything to the surviving spouse, and after them to the children equally". Israeli law grants such wills special protection: after the first spouse passes, the survivor's ability to change their will is restricted unless they give up their share of the estate under the statutory rules. It is a powerful certainty-creating tool — and precisely because of those restrictions, it should be drafted with open eyes, professional guidance and built-in flexibility for changing circumstances.
Where to keep the will — and who should know
A lost original will is real trouble: without it, the estate may be divided as if no will ever existed. Three accepted options: deposit with the Registrar of Inheritance Affairs (the safest — recorded in the national registry and located automatically when needed), a safe, or the drafting attorney's office. Either way, make sure at least one trusted person knows a will exists and where — its contents need not be disclosed.
Three myths worth letting go
- "I'm still young." A will is not a bet on life expectancy — it is insurance. You make it when all is well, and update it as life changes.
- "I don't own enough." An apartment (even mortgaged), pension savings and rights — almost everyone has an estate worth putting in order.
- "The family will manage." Experience in the corridors of the Registrar of Inheritance Affairs teaches otherwise: precisely in good families, the absence of clear instructions invites interpretations — and disputes.
And if there is already no will — what now?
When a loved one passes away without a will, the heirs apply for an inheritance order; when there is a will — for a probate order. The difference, the process and the documents — in our full guide to inheritance and probate orders.
Disclaimer: this article provides general information only, does not constitute legal advice and is no substitute for personal counsel based on the circumstances of your case.
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