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Spousal Inheritance Rights in Israel

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Are You The Heir To Unclaimed Israeli Property?

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.

Table of Contents

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Spousal inheritance according to the Inheritance Ordinance (when the deceased passed away before 1965)

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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:

  • First-degree heirs: If the deceased and the surviving spouse have children and grandchildren, the surviving spouse will receive 1/4 of the rights, and the rest will be divided among the children and grandchildren.
  • Second-degree heirs: If the deceased does not have children and grandchildren, the inheritance will go to the parents of the deceased and the deceased’s siblings. In this case, the surviving spouse will receive 1/2 of the rights, and the remaining 1/2 will be divided between the parents and siblings.
  • If the deceased does not have children, grandchildren, parents, or siblings, the surviving spouse inherits all the assets.
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What is the order of heirs and their shares according to the ordinance when the deceased does not have a surviving spouse at the time of their passing?

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  • First-degree heirs: The descendants of the deceased, including both male and female children and grandchildren. There are specific rules regarding the death of one of the children or grandchildren, but I will not cover them here.
  • Second-degree heirs: The parents of the deceased and their descendants. There are specific rules regarding the death of one of the parents, but I will not cover them here.
  • Third-degree heirs: The deceased’s grandparents and their descendants (their children). There are specific rules regarding whether the grandparents are alive or not, but I will not cover them here.
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Spousal inheritance according to the Inheritance Law (after 1965)

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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.

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What happens if the deceased left behind a spouse and children?

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The estate will be divided as follows:

  • The spouse: 50% of the estate
  • The children of the deceased: 50% of the estate
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What happens if the deceased left behind a spouse, siblings, cousins, or grandparents, but no children, grandchildren, or parents?

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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.

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Disclaimer 

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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.

To Find Out More, Contact us:

office@asinheritancelaw.com

+ 178 62337694 (New York)

+972 48331212 (Israel)

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