Improvement Levy in Real Estate Transactions
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It should be noted that in this article, we have tried to simplify the topic of spousal inheritance as much as possible. However, the information provided here is only general guidance, and it is important to clarify that there are exceptions to these general rules, which unfortunately cannot be covered in this article due to their complexity.
As I have already mentioned in my previous article – “Israeli Inheritance Law for Non-Citizens: What You Need to Know” – it is important to know the date of passing of the deceased and whether the deceased left a will. In brief, if the deceased did not leave a will and passed away before November 10, 1965 the inheritance will be governed by the Inheritance Ordinance. If the deceased passed away after November 10, 1965 the inheritance will be governed by the Inheritance Law. The date of passing is an important and central component that determines the order of heirs and their shares, in accordance with the law in effect at the time of the passing.
We encountered a question regarding the share of the surviving spouse according to the ordinance, and I found it appropriate to provide you with the information in this blog post. If so, what is the share of the surviving spouse according to the ordinance? According to the general provisions of the ordinance, the share of the surviving spouse is determined based on the family situation at the time of the deceased’s passing, as follows:
It should be noted that the term “spouse” in the Inheritance Law refers to a person who was married to the deceased at the time of their death. It is important to clarify that common-law spouses are entitled to inherit as if they were married, as long as neither of them was married to someone else at the time of death.
The estate will be divided as follows:
If the deceased did not leave behind children, grandchildren, or parents, but only siblings, cousins, and a spouse, the surviving spouse will receive 2/3 of the estate, and the remaining 1/3 will be divided equally among the other heirs.
Please note that if the deceased and the surviving spouse had a joint residential property, the property will be allocated to the surviving spouse if the couple was married for at least 3 years, and they resided in the property at the time of the passing of the deceased.
All of the above does not constitute legal advice or a substitute for legal advice, and all information contained on the site serves as general information only. The aforesaid does not replace information provided by an attorney, and the reader should contact and consult with an attorney who specializes in the field before taking any legal action. Anyone who relies on the above in any way does so at his own risk, and the responsibility for any direct or indirect result due to reliance on the aforesaid will apply to the user only.
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