When a person dies without a valid will leaving assets in Israel, heirs must obtain a Grant of Succession from the Registrar for Inheritance Matters. If the deceased was domiciled in Israel, Israeli intestacy rules under the Israeli Inheritance Law, 5725-1965 determine who inherits. If the deceased was domiciled abroad (for example, in England), Section 137 provides that the foreign domicile’s succession law governs—meaning English intestacy rules determine the heirs, not Israeli rules.
Rosenberg Law – Probate Experts
Rosenberg Law has guided international families through Israeli succession matters since 1975. Three generations of lawyers at the firm have helped heirs obtain succession orders and receive their inheritances from Israeli estates. This accumulated experience with the Registrar for Inheritance Matters and Israeli succession law enables efficient handling of applications, whether straightforward or complex.
Each intestacy matter has unique circumstances. Only a competent and experienced Israeli inheritance lawyer can properly assess your situation and advise on the likely distribution.
What Is Israeli Intestacy?
Israeli intestacy occurs when a person dies without leaving a valid will, or when their will is declared void. In such cases, the Israeli Inheritance Law determines who inherits and in what proportions. Section 2 of the Inheritance Law states that heirs are either heirs by law or beneficiaries under a will, and that inheritance is by law except to the extent it is by will.
When no valid will exists, the estate passes automatically to the deceased’s heirs by law upon death under Section 1 of the Inheritance Law. However, heirs cannot simply claim their inheritance—they must first obtain a Grant of Succession (also known as a Succession Order) from the Registrar for Inheritance Matters. This order formally declares who the legal heirs are and what share each receives.
Rosenberg Law has guided international families through Israeli succession matters since 1975. Three generations of lawyers at the firm have helped heirs obtain succession orders and receive their inheritances from Israeli estates. This accumulated experience with the Registrar for Inheritance Matters and Israeli succession law enables efficient handling of applications, whether straightforward or complex.
Each intestacy matter has unique circumstances. Only a competent and experienced Israeli inheritance lawyer can properly assess your situation and advise on the likely distribution.
Who Inherits Under Israeli Intestacy Law?
Section 10 of the Israeli Inheritance Law defines who qualifies as heirs by law. The legal heirs are the deceased’s spouse and the deceased’s relatives—specifically children and their descendants, parents and their descendants, and grandparents and their descendants.
The order of precedence among relatives is fixed by Section 12. Within each category, heirs share equally under Section 13.
If a child of the deceased died before them but left children of their own, those grandchildren inherit in place of their deceased parent under Section 14. This substitution principle may create situations where distant relatives inherit alongside closer ones.
Rosenberg Law explains Israeli succession rules to UK families in practical terms. Eli Rosenberg’s dual qualification as Israeli Advocate and Solicitor of England and Wales enables comparison of Israeli intestacy rules with English intestacy provisions, helping UK heirs understand how the two systems differ. The Israeli rules often surprise families accustomed to English succession law.
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The Spouse’s Entitlement Under Israeli Succession Law
The surviving spouse’s entitlement under Israeli intestacy is governed by Section 11 of the Inheritance Law. The spouse receives preferential treatment but does not necessarily inherit the entire estate.
The spouse automatically takes the chattels, including any motor car, that belonged to the joint household according to custom and circumstances. From the remainder of the estate, the spouse receives:
One-half if the deceased left children, their descendants, or parents.
Two-thirds if the deceased left siblings, their descendants, or grandparents. However, if the spouse was married to the deceased for three years or more immediately before death and was living with them in a dwelling included in the estate, the spouse takes the deceased’s entire share in that dwelling plus two-thirds of the remainder.
The entire estate if the deceased left no relatives in the categories listed above.
These rules may produce unexpected results. A surviving spouse may receive only half the estate if the deceased’s parents are still alive, even if the couple had been married for decades. Complications may arise where the deceased owned property jointly with others, where the matrimonial home was not solely in the deceased’s name, or where the couple had separated but not divorced.
Rosenberg Law has handled complex spousal entitlement in Israeli succession matters. The firm has represented surviving spouses seeking to maximise their entitlements and children concerned about proper distribution. In one matter, the firm advised a widow whose husband had died leaving elderly parents in Israel—the parents were entitled to share in the estate under Section 11, requiring careful negotiation to achieve a fair outcome for all parties.
Children’s Rights in Israeli Intestacy
Children of the deceased share equally among themselves under Section 13 of the Inheritance Law. However, their share depends on whether a spouse also survives.
If a spouse survives, the children share the portion of the estate remaining after the spouse’s entitlement. This may be one-half (if no parents survive) or one-third (in certain circumstances involving the matrimonial home).
If no spouse survives, the children inherit the entire estate in equal shares.
Israeli law makes no distinction between children based on whether their parents were married. Section 3(c) expressly provides that inheritance rights of a child are unaffected by whether the parents were married at the time of birth. Adopted children inherit their adoptive parents as if they were natural children under Section 16.
Complications may arise where children from different relationships are involved, where a child predeceased the parent leaving grandchildren, or where family relationships are disputed. Determining who qualifies as a legal heir may require evidence of parentage, adoption orders, or court declarations.
An Israeli resident died without a will, survived by siblings but apparently no children. The siblings applied for a succession order. Rosenberg Law engaged a genealogist who investigated the deceased’s earlier life in Eastern Europe. The report confirmed the deceased had never married and had no children, clearing the higher tier and enabling the siblings to inherit.
Proving the Family Tree and Clearing Higher-Tier Heirs
Israeli succession law operates on a strict hierarchy.
Under Section 12 of the Inheritance Law, children take precedence over parents, and parents take precedence over grandparents. This means that lower-tier heirs cannot inherit unless higher-tier heirs have been cleared—that is, proven not to exist or to have predeceased the deceased.
The applicant must provide evidence that no children or descendants of children survive. Similarly, before grandparents can inherit, the applicant must prove the absence of parents and their descendants.
This clearing-off requirement may create significant evidential challenges. The applicant must demonstrate not merely who the heirs are, but who the heirs are not. This may require investigation into the deceased’s personal history, previous relationships, and potential children from earlier marriages or relationships.
Rosenberg Law regularly engages professional genealogists to prepare family tree reports for Israeli succession applications. Genealogist reports provide systematic evidence of the deceased’s family structure, documenting marriages, births, deaths, and the absence of potential heirs in higher tiers. These reports satisfy the Registrar’s evidential requirements and support the application with professional documentation.
Evidence commonly required to clear higher-tier heirs includes:
- Birth certificates establishing parentage and identifying siblings.
- Marriage and divorce certificates documenting the deceased’s relationships.
- Death certificates for predeceased relatives who might otherwise have inherited.
- Official searches of population registries (Tamzit Rishum) in Israel and other relevant jurisdictions.
- Sworn declarations from family members with personal knowledge of family circumstances.
- Professional genealogist reports compiling and analysing the documentary evidence.
Where the deceased had connections to multiple countries, genealogical investigation may need to span several jurisdictions. A person who emigrated to Israel may have had children from an earlier relationship in their country of origin. Without proper investigation, these potential heirs may be overlooked—or their existence may emerge later to complicate an already-granted succession order.
A British citizen died intestate in Israel, leaving a flat in Tel Aviv. Initial enquiries suggested he had no children. Investigation revealed a son from an earlier relationship living in Australia, previously unknown to the instructing family members. Rosenberg Law coordinated with Australian lawyers to verify the relationship and ensure proper distribution of the estate among all legal heirs.
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What Is a Grant of Succession?
A Grant of Succession (Succession Order) is the formal document issued by the Registrar for Inheritance Matters that declares the names of the heirs by law and their respective shares in the estate. Under Section 69(a) of the Inheritance Law, this order specifies each heir and their proportionate entitlement.
The succession order is essential because Section 71 provides that it is “valid against all the world” as long as it has not been amended or revoked. Israeli banks, the Land Registry, and other institutions require a succession order before they will release assets or transfer property to heirs.
Without a succession order, heirs cannot access bank accounts, sell property, or deal with estate assets. The order provides the legal authority that institutions require before acting.
Rosenberg Law obtains succession orders for international heirs without requiring travel to Israel. The London office enables UK heirs to meet locally and sign documents, whilst the Tel Aviv office files applications and manages all dealings with the Registrar for Inheritance Matters. Digital succession orders are now issued electronically and transmitted to banks and other institutions, streamlining the administration process.
How to Apply for a Grant of Succession
Applications for a Grant of Succession must be submitted to the Registrar for Inheritance Matters.
The application requires payment of two fees: an application opening fee and a publication expenses fee.
The application form must include all required details and be verified by declaration. If any heir is a minor, under guardianship, subject to an enduring power of attorney that has come into effect, or is missing, this must be stated in the application and an administrator may be appointed.
Required documents include:
A death certificate if the deceased did not hold an Israeli identity card + apostille.
Confirmation that notice was sent to all heirs regarding submission of the application, either by registered post or personal delivery evidenced by affidavit.
Letter of authority if the applicant is represented by a lawyer.
Signed affidavit of renunciation if any heir waives their share of the estate.
Proof of Israeli Assets
The Registrar for Inheritance Matters requires evidence that the deceased held assets in Israel before processing the application. This may include bank statements, Land Registry extracts, share certificates, or other documentation demonstrating the existence of Israeli assets with no minimum value. Without such proof, the Israeli authorities have no jurisdiction to deal and grant a succession order. This requirement may create difficulties where heirs know assets exist but lack documentary evidence.
Rosenberg Law’s Application Service and investigations: The firm prepares and submits succession applications in Hebrew, ensuring compliance with all procedural requirements. The team drafts the necessary declarations, compiles supporting documentation, and files complete applications to avoid rejection or delay. UK heirs receive English explanations of all documents and regular progress updates throughout. We make investigation to obtain evidence on existing Israeli asset(s).
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We would be happy to provide you with preliminary advice on your matter and we invite you to fill and send us details on the matter and details of the foreign authority to decide your matter.
The Succession Order Process
After a properly completed application is submitted, the Registrar for Inheritance Matters publishes notice on the Public Guardian’s website and in the Official Gazette. This notice invites interested parties to file objections.
Simultaneously, the application is forwarded for processing. If information is missing or clarification is required, the applicant receives an email requesting completion of details. The application’s progress can be tracked through the Registrar’s online system.
After the objection period expires and processing is complete, the Registrar issues the succession order.
The digital succession order is sent by email to the applicant or their representative. It is also transmitted to banks, insurance companies, the Tax Authority, the Land Registry, and other bodies—eliminating the need to present it physically when dealing with these institutions.
Rosenberg Law monitors applications actively and responds promptly to Registrar queries. Familiarity with the Registrar’s procedures enables efficient handling of requests for additional information. When complications arise, they are addressed proactively to minimise delay.
When Applications Transfer to Court
The Registrar for Inheritance Matters handles uncontested succession applications administratively. However, Section 67A of the Inheritance Law requires transfer to the Family Court in specific circumstances:
- An objection to the application has been filed.
- The State or one of its institutions is a party to the application.
- The Attorney General or representative sees fit to initiate or join proceedings.
- The Administrator General represents someone whose property it manages or who is absent.
- The Registrar sees fit to transfer the application to court.
Transfer to court changes succession proceedings significantly. The application becomes subject to court scheduling and formal litigation procedures. Processing times extend—sometimes considerably—when matters become contested.
Objections may arise from persons claiming to be heirs who were not included in the application, from creditors of the estate, or from parties disputing the validity of claimed family relationships.
Rosenberg Law represents international heirs in contested Israeli succession proceedings. When objections are filed or disputes arise about who qualifies as an heir, the firm provides advocacy before the Israeli Family Court. Litigation experience ensures effective representation whether matters are resolved quickly or require extended proceedings.
Registering Property Rights Following Succession
If the deceased held rights in Israeli real property, heirs may request registration of their property rights in the Land Registry as part of the succession application. This combined process avoids the need for a separate registration application after the succession order is issued.
To use this service, a Land Registration Application Form must be attached to the succession application, signed and verified. A fee would apply.
After submission, the application is forwarded to the relevant Land Registry Office according to the property’s location. At completion of each stage, the applicant receives updates. If deficiencies are found, the case is rejected with reasons, and the file is retained for 10 days for collection.
Registration of property rights is conditional upon issuance of the succession order. Once both are complete, the heirs’ names appear on the Land Registry as owners according to their respective shares.
Rosenberg Law’s Property Registration Expertise: The firm coordinates succession applications with Land Registry registration to achieve efficient transfer of property rights. Israeli property lawyers at the firm have handled hundreds of transactions since 1975, including complex matters involving multiple heirs, defective titles, and properties with registered charges.
A London resident died intestate owning Israeli bank accounts and a share in Israeli property. Under English intestacy rules, his spouse was entitled to the statutory legacy and personal chattels, with the residue divided between spouse and children. Rosenberg Law applied for an Israeli succession order under Section 137, provided expert evidence of English law, and obtained an order reflecting the English distribution—enabling the widow and children to receive their entitlements according to English rules rather than the less favourable Israeli provisions.
Section 137: When Foreign Law Determines Who Inherits
When a person dies domiciled outside Israel but leaves assets in Israel, the question of who inherits is not determined by Israeli law.
Section 137 of the Israeli Inheritance Law provides that the succession law of the deceased’s domicile governs. This is one of the most significant provisions for international families dealing with Israeli estates.
What This Means in Practice: If the deceased was domiciled in England at death, English intestacy rules determine who the heirs are and in what shares they inherit. The Israeli statutory provisions regarding spousal entitlements (Section 11), children’s shares (Section 13), and order of precedence among relatives (Section 12) do not apply. Instead, the English Administration of Estates Act 1925 and related legislation govern.
This distinction may produce substantially different outcomes and each case must be examined by a competent expert lawyer before initiating any proceedings.
Although foreign law determines who inherits, the procedural requirements for obtaining authority to deal with Israeli assets remain governed by Israeli law. Heirs identified under foreign succession law must still apply to the Registrar for Inheritance Matters for a succession order. The application process, publication requirements, and formal procedures follow Israeli regulations.
The Israeli Registrar cannot be expected to know English succession law or the intestacy rules of other jurisdictions. The party applying for a succession order must prove the content of the applicable foreign law through expert evidence. This evidence must come from a qualified legal practitioner with direct knowledge of the foreign legal system.
Rosenberg Law provides expert evidence on English succession law directly to Israeli authorities. Eli Rosenberg’s qualification as a Solicitor of England and Wales enables him to explain English intestacy provisions to the Registrar for Inheritance Matters with the authority of a practising English lawyer. This eliminates the need for separate English legal experts and the coordination difficulties that arise when multiple lawyers in different jurisdictions must collaborate.
An unmarried British citizen died domiciled in London, leaving Israeli assets and surviving parents but no spouse or children. Under Israeli intestacy rules, the parents would inherit the entire estate. The succession order had to reflect the English distribution, which differed materially from what Israeli law would have provided.
Each case involving a foreign domiciliary requires careful analysis of the applicable succession law. The determination of domicile itself may be contested, and the content of foreign law must be properly proved. Only a competent and experienced Israeli inheritance lawyer familiar with cross-border matters can properly advise on these complexities.
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We would be happy to provide you with preliminary advice on your matter and we invite you to fill and send us details on the matter and details of the foreign authority to decide your matter.
Void Wills and Intestacy
Israeli intestacy rules also apply when a will exists but is declared void. A will may be void for various reasons under the Israeli Inheritance Law:
When a will is declared void, the estate passes as if no will had been made. The succession rules apply, and heirs must obtain a succession order rather than a probate order.
Rosenberg Law advises when wills may be vulnerable to challenge. Experience with Israeli inheritance disputes enables assessment of whether a will is likely to withstand scrutiny. Where wills are successfully challenged, the firm assists the resulting intestate heirs in obtaining succession orders.
UK heirs had obtained a valid succession order but struggled for months to access funds held with an Israeli bank. Rosenberg Law was instructed. Through systematic engagement with the bank’s compliance procedures, transfer of the inherited funds to the heirs’ UK bank accounts.
Working with Israeli Banks After Succession
Obtaining a succession order provides legal authority to deal with estate assets, but Israeli banks may impose additional requirements before releasing funds. Compliance departments may request identity verification, completion of bank-specific forms, and documentation demonstrating the heir’s entitlement.
International transfers of inherited funds require particular attention. Banks may be cautious about transferring substantial sums to foreign accounts, requesting additional verification before processing.
Rosenberg Law's Israeli Succession Experience
The firm’s practice in Israeli succession law rests on foundations built across fifty years and diversified cases.
The firm’s succession expertise includes:
- Obtaining succession orders for international heirs based in the UK, US, Europe, and elsewhere.
- Advising on spousal entitlements and calculations under Section 11.
- Tracing heirs across jurisdictions when family relationships are unclear.
- Representing heirs in contested proceedings before the Family Court.
- Coordinating succession orders with Land Registry registration for property transfers.
- Providing expert evidence on English succession law for Section 137 applications.
- Navigating Israeli banking procedures following grant of succession orders.
Tip for Choosing a Lawyer:
When selecting an Israeli succession lawyer, verify they have experience with international clients and understand the complications that arise when heirs are based outside Israel. The ability to manage matters remotely without requiring travel is essential for non-Israeli clients.
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We would be happy to provide you with preliminary advice on obtaining an expert opinion on Israeli law. Please contact us with details of your matter, including the jurisdiction where proceedings are taking place and the questions of Israeli law requiring expert evidence.
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Frequently Asked Questions
How do I apply for a succession order in Israel from the UK?
You apply through the Registrar for Inheritance Matters using the prescribed form, supporting documents, and sworn declarations. An Israeli succession lawyer can prepare and file the application on your behalf without requiring you to travel to Israel. Rosenberg Law handles the complete process from our London and Tel Aviv offices.
How long does it take to obtain a succession order in Israel?
Each case depends on its specific circumstances. Complex matters, objections, or requests for additional documentation may extend this timeframe.
Does English intestacy law apply to Israeli assets if the deceased lived in England?
Yes. Under Section 137 of the Israeli Inheritance Law, the succession law of the deceased’s domicile governs who inherits. If the deceased was domiciled in England, English intestacy rules determine the heirs and their shares. This may produce different outcomes than Israeli law would provide, particularly regarding spousal entitlements and the position of parents. However, you still need an Israeli succession order to access the Israeli assets, and expert evidence on English law must be provided to the Israeli Registrar.
Who are the heirs if someone domiciled abroad dies with Israeli assets?
The heirs are determined by the succession law of the deceased’s domicile. Section 137 of the Israeli Inheritance Law requires application of foreign succession rules. For an English domiciliary, English intestacy provisions apply. The heirs under foreign law may differ from who would inherit under Israeli intestacy rules. Expert evidence proving the foreign law must be submitted to the Israeli authorities.
What happens if a will in Israel is declared void?
If a will is declared void—due to lack of capacity, undue influence, formal defects, or other grounds—the estate passes under Israeli intestacy rules as if no will existed. Heirs must apply for a succession order rather than a probate order, and distribution follows the statutory rules.
The information on this page is provided for general guidance only and does not constitute legal advice. Israeli intestacy and succession law involves specific rules and potential complications that depend on individual circumstances. Readers must not rely upon this content for legal purposes and should obtain professional legal advice tailored to their specific situation. Rosenberg Law bears no responsibility for any actions taken or not taken based on this information.
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We would be happy to provide you with preliminary advice on your matter and we invite you to fill and send us details on the matter and details of the foreign authority to decide your matter. All information sent through this website and the contact form will remain confidential by law.
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