Israeli Will for non-Israeli residents
UK residents holding assets in Israel face specific legal requirements that differ significantly from English inheritance law. Based on extensive practice in cross-border estate planning, this short article explains why a separate Israeli will is necessary and how to make one correctly.
Why UK Wills Are Insufficient for Israeli Assets
Israeli law requires that all local assets be distributed through either a succession order or probate order issued by Israeli Registrar for Matters of Succession. A UK will, regardless of its validity under English law, cannot directly transfer Israeli property, bank accounts, or investments.
The process of recognising a foreign will in Israel typically takes several months and involves:
- Translation of all documents into Hebrew by certified translators
- Obtaining apostille certificates for authentication
- Filing applications with Israeli inheritance registrars
- Providing an expert opinion on the applicable law under section 137 of the Israeli Inheritance Law 1965.
- Potential court proceedings if disputes arise or a matter being referred to the court by the Registrar for Matters of Succession.
During this period, beneficiaries cannot access, transfer, or manage the Israeli assets, creating legal and financial difficulties.
Israeli courts maintain exclusive jurisdiction over Israeli assets, regardless of the deceased’s domicile.
Separate Israeli Will
Preparing a dedicated Israeli will for Israeli assets will ease and speed up proceedings by:
- Direct compliance with Israeli legal requirements
- Faster probate process
- Reduced translation and authentication costs
- Clear separation of Israeli and UK estate administration
The Israeli will should specifically address only Israeli assets, while your UK will covers all other property worldwide.
Types of Israeli Wills
Israeli law recognises four valid will formats:
Handwritten Will (Holographic)
Must be entirely written, dated, and signed by the testator. No witnesses required, but authentication can be challenging after death. Suitable for simple estates but higher risk of disputes.
Witnessed Will
Most commonly used format. Can be typed or handwritten, requiring signature before two witnesses who also sign simultaneously. Provides strong legal validity and reduced dispute risk.
Will Before Authority
Executed before Israeli officials (judges, registrars, notaries, or religious court members). Can be oral or written. Offers highest legal certainty but requires formal proceedings.
Oral Will
Only valid in “deathbed will” situations with two witnesses present. Rarely applicable and difficult to proof.
Implementation Process
Coordination with UK Estate Planning
Your Israeli will must coordinate with UK estate planning to ensure:
- No conflicting provisions between wills
- Proper tax planning across jurisdictions
- Clear division of assets between jurisdictions
- Consistent appointment of executors or administrator
Professional Recommendations
UK residents with Israeli assets should:
- Prepare Israeli wills while mentally capable
- Engage lawyers qualified in both jurisdictions
- Update wills following significant life events or law changes
- Ensure Israeli and UK wills work together effectively
Conclusion
Separate Israeli wills for UK residents with Israeli assets should be treated as legal necessities. Proper implementation protects beneficiaries from lengthy delays, additional costs, and legal complications.
The investment in professional legal assistance for Israeli will preparation typically represents a fraction of the costs and delays that beneficiaries face without proper planning.
This article provides general legal information only. You should obtain specific legal advice from qualified professionals in both jurisdictions before implementing any estate planning strategies.
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