When it comes to family agreements such as marriage, prenuptial, or inheritance agreements, documents related to such contracts are extremely crucial and cannot be taken lightly especially since they affect the future of the family. These documents determine what happens when a couple divorces, when one of the spouses dies, or the nature of division of property during divorce proceedings. One of the most important factors to consider when dealing with family matters is to go beyond the legal aspect – the process of mediation. Our firm’s approach is to do everything possible to ensure both parties are satisfied. We believe that calm and peaceable mediation procedures are best suited for settling disagreements.
Yes, the main difference between inheritances and wills lies in the fact that inheritance refers to what comes into effect automatically and according to the law, if the deceased did not leave a will. In such cases, the property of the deceased is distributed according to the Inheritance Law which states the “natural heirs” of the deceased. A will, on the other hand, is a designated document where a person describes their wishes for the distribution of their property after their death. It should be noted that the will must be legally valid – we described this in detail in the article “How do you write a will? Important rules to know”.
One may think that when there is no will, one can simply follow the inheritance law and everything would be fine. But, is it? It should be noted that when there is no will, or when a will is not worded correctly, in many such cases this can lead to inheritance disputes. Unfortunately, disputes between siblings can come about when wills are not written correctly. Inheritance disputes create a rift between family members, adding to the already existing sense of loss.
Customarily, wills are written when the signs of old age begin to appear although, of course, the “right time” to write a will would differ from person to person. In principle anyone can make a will at any age but there are situations that are critical such as when a couple divorces. If there is no will, division of property belonging to divorced parents after one of them has died can be much more complex. Therefore, from a legal perspective, it is important that when a couple divorces, they already have a legally valid will.
For a will to be valid, as we explained in the article, “How do you write a will? Important rules to know” (you can read the article in this category), two witnesses are required. One of the witnesses is the lawyer who drafted the will and the second is another lawyer who was present in the lawyer’s office. The beneficiaries of the will cannot be witnesses because, clearly, their relationship to the will is not objective. It is important to note that in the event where one of the witnesses in the will is invalid, the will may be annulled when the time comes, in which case, the whole procedure goes to waste.
Israel’s Inheritance Law regulates the rights and obligations of a person and defines their natural heirs. The law resolves various legal issues concerning inheritance, and specifically addresses what happens to a person’s inheritance after they die. The Inheritance Law reduces the scope of uncertainty in situations where the deceased did not leave a will.
There are two types of inheritance – inheritance according to a will, and inheritance according to law. If the deceased did not leave a will, inheritance is based on the order of inheritance stated in the law, and the deceased’s natural heirs will inherit the estate (property, assets, etc.) Such cases may trigger disputes and disagreements between siblings and other family members, so it is important to plan ahead and prepare a detailed will that specifically states who will inherit.
One has the right to opt out of an inheritance and not be included among the legal heirs. Therefore, even if the deceased has included you in their will, you do not need to accept the inheritance. Opting out of an inheritance requires a formal withdrawal process – a person who chooses to relinquish their inheritance (the whole inheritance or a part of it) must submit a signed affidavit by a lawyer, either to the court or to the registrar of inheritance matters. Opting out of an inheritance is an official acceptance and by performing this action, one will no longer be considered an heir.
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