Israeli Inheritance Law for Non-Citizens

In the case of a foreign resident who did not reside in Israel, the request for probate or confirmation of a will should be submitted to the Registrar of Inheritance Matters in the district where one of the deceased’s properties is located.

Evidence of the rights of the deceased to property in Israel must be presented to the Registrar of Inheritance Matters. Such evidence can be a land registry extract, a bank confirmation of an account in the name of the deceased in Israel, confirmation of ownership or other rights to property that are transferable and not personal rights. In addition, a notarized translation of each document (except for documents in English and Arabic) and the wording of the probate or the existing will of the foreign resident signed by the judge should be attached to the request. Any foreign document should also be authenticated by the Israeli consulate in the country where the document was issued. Alternatively, an apostille certificate can be submitted.

In the case of a will made by a foreign resident, a legal expert opinion of foreign law should be attached to the request. A legal specialist’s opinion of foreign law is prepared by a lawyer or legal expert in Israel or another country who is knowledgeable in the laws of the country where the will of the foreign resident was made. The purpose of the expert legal opinion is to provide a legal analysis of the laws of the country where the will was made and the conclusion that they will indeed comply with the requirements of foreign law and is valid for all intents and purposes, should a probate be requested for its enforcement.

It is important to note that an Israeli court will not grant validity to a will, even if it meets the requirements of foreign law if its provisions violate Israeli inheritance laws or are immoral or impossible.

An important factor to consider is the date of passing of the deceased and whether the deceased left a will. If the deceased did not leave a will, it is necessary to understand whether to follow the Inheritance Ordinance or the Inheritance Law.