According to the law of inheritance, after a person's death, his estate is divided. This division is done in accordance with the rules of inheritance by law, or in accordance with the will he left behind.
What is inheritance according to law?
Inheritance by law is a situation in which the deceased did not leave behind a will that determines how his estate will be distributed. In such a case, the rules of the law of inheritance are applied, which determine precisely who the heirs are and what each of them will receive.
What do the rules of inheritance determine by law?
As stated, if no will was made, the inheritance must be divided according to the legal rules detailed in the second part of the law, which determines who the testator's heirs are and what their share of the inheritance is.
The heirs at law are those closest to the deceased, as stipulated by law, and will usually be the spouse and children.
For example, if the testator left behind a spouse and 3 sons, the spouse will receive half of the estate, and each of the sons will receive one-sixth. The remaining relatives (grandparents, siblings, etc.) will receive nothing.
Regarding an adopted child, according to the law, a child who has been legally adopted inherits the testator as if he were his actual child.
When is legal inheritance sufficient, and when is it better to rely on a will?
When the testator wishes the estate to be divided according to the law, then there is no need for a will, and the estate can be divided according to the rules set forth in the law, according to which those closest to the deceased will inherit their entire estate. In the common situation, the property will be divided between the surviving spouse and the deceased's children.
However, when the owner of the estate does not want to follow the outline of the law, for his own reasons - for example, if he already transferred part of his property to a certain relative during his lifetime and he does not want to give him a share of the inheritance again, or when one of the brothers is particularly rich and another brother is particularly poor (and the testator wants to give the poor one more), or in the case of a family quarrel, it is better to resort to a will.
In a will, the testator may decide to whom exactly he wants to bequeath, how much, and when, and he is not dependent on the rules of inheritance as set forth in the law. For example, the testator may decide that he bequeaths his entire estate to his spouse, and not to leave anything to his children, and so on.
Leaving the estate
According to the law, an heir at law can relinquish all or part of his share of the estate to the decedent's spouse, children, or siblings. In such a case, his share will be divided among them, as if he were not an heir at all.
If we return to the example of a spouse and 3 sons, and the total estate is 300,000 NIS, then the spouse is entitled to receive 150,000 NIS, i.e. half of the inheritance, and each of the sons is entitled to receive 50,000 NIS, i.e. 1/6.
However, if one of the sons withdraws from his share, that share will be added back to the estate. The wife will still receive half, i.e. 150,000 NIS, but now each of the sons will receive 75,000 NIS. It should be emphasized that this withdrawal must be explicitly recorded in the request for an inheritance order.
Who should be contacted after the death of the deceased in order to settle the affairs of the estate?
After the death of the testator, the heirs by law, all or some of them, must apply for a succession order to the Registrar of Inheritance Affairs, in whose area the testator resided on the eve of death. The form of this application is available at the Registrar's offices or on the Registrar's website, and must be signed in the presence of an attorney. The Registrar of Inheritance Affairs will examine the application, and it is he who will decide whether to issue a succession order. Only after receiving this order can the inheritance be divided among the heirs legally entitled to it.
It should be noted that all heirs can also apply to the Rabbinical Court and request the issuance of an inheritance order, and must act in accordance with the instructions of the Rabbinical Court.
For further questions, please contact us by email: [email protected]
Everything stated in this article does not replace individual legal advice and does not constitute a substitute for it.
Reliance on the information is the sole responsibility of the user.
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