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The Succession Law for Israel

according to the Halakah

 

 

Chapter One: General Provisions

 

1. The inheritance

2. The heirs

3. Capacity to inherent: people

4. Capacity to inherent: corporations

5. Disqualification from inheritance

6. Heir' relinquishment of his inheritance right

7. Other deals in an heir's right

8. Deals in a future inheritance

9. Simultaneous death of two

 

Chapter Two: Inheritance according to the law

 

10. Heirs who are relatives

11. Husband's right of inheritance

12. Order of preference amongst Testator's relatives

13. Shares in the inheritance

14. Heir's substitutes

15. Disqualified and relinquishing heirs

16. Inheritance through adoption

17. Inheritance without a known heir

 

Chapter Three – Inheritance according to a will

 

Article A – Form of will

 

18. Form of will

19. Types of will

20. Lifetime gift

21. Testator's undertaking

22. A death-bed will

23. Disqualified witnesses

24. Execution of a will faulty in form

25. It is a good deed (Mitzvah) to comply with a dead person's wish

 

Article B – Validity of will

 

26. Capacity to bequest

27. Freedom to bequest

28. Will – a personal act

29. Delivery of decisions and authority to chose

30. Duress, mistake etc.

31. Cancellation of faulty will

32. Author's mistake etc.

33. Unclear will etc.

34. Illegal will etc.

35. Will in favor of witnesses

36. Cancellation by Testator

37. Applicability

38. Cancellation of part of the will

39. Need for will confirmation order

 

Article C – Provisions of the will

 

40. Subject of will

41. Heir instead of heir

42. Heir after heir

43. Heir according to a delayed condition

44. Heir according to a terminating condition

45. Heir's obligations

46. Will and inheritance according to the law

47. Portion and share in estate

48. Heirs whose shares are not determined

49. Heir dying before Testator

50. Disqualified and relinquishing heirs

51. Portion of specified property

52. Portion of unspecified property

53. Subjecting to the provisions of the will

54. Interpretation of the will

55. Quasi will

 

Chapter Four – Maintenance from estate

 

56. Right to maintenance

57. Limitations of the right to maintenance

58. Additional expenses

59. Setting maintenance

60. Applying for maintenance

61. Ways of supplying maintenance

62. Discover of new facts and changes of circumstances

63. Enlarging estate for maintenance purposes

64. Order of priority amongst those entitled

65. Deals in maintenance rights

 

Chapter five – Inheritance order and Probate Order

 

66. Cancelled

67. Filing objections

68. Evidence

69. Content of inheritance order and probate order

70. Changes following Testator's death

71. Force of inheritance order and probate order

72. Amendment and cancellation of inheritance order and probate order

73. Deals in estate after inheritance order and before it is amended or cancelled

74. Expenses

75. Depositing will with the court

76. Notices of a will

 

Chapter six – Estate management and distribution

 

Article A – Means for protecting estate

 

77. Means for safeguarding estate

 

Article B – Administrator

 

78. Appointing an administrator

79. Competence to be appointed

80. Consent

81. Testator's instruction

81A. Court proceedings

82. Roles

83. Court instructions

84. List of estate

85. Assessment

85A. Investment of money

86. Accounts, reports and providing information

87. Liability

88. Review of reports

89. Guarantee

90. Realization of guarantee

91. Fee

92. End of appointment

93. Several administrators

94. Third party protection

95. Testator's instructions

96. The court as administrator

 

Article C – Estate management by administrator

 

97. Administrator's powers

98. Receivership of estate's property

99. Inviting creditors

100. Way of paying off debts

101. Guaranteed debts

102. Future and conditional debts

103. Expenses of managing estate

104. Order of priority of estate debts

105. Clarification and payment of debts

106. Bankruptcy of estate

 

Article D – Dividing estate by the administrator

 

107. Date of division

108. Accommodation and sustenance for transition time

109. Subject of division

110. Division according to agreement

111. Division according to court order

112. Property that may be divided

113. Property which cannot be divided

114. Agricultural farm

115. Family home

116. Division according to lot

117. Coordination of rights of several heirs

118. List of division

119. Additional division

120. Amendment of division

 

 

Article E – Estate management and division by heirs

 

121. General provision

122. Several heirs

123. Inviting creditors

124. Paying off debts

125. Division of estate

 

 

Article F – Heirs' liability to debts on estate

 

126. Liability to property  of the estate

127. Heir's liability in respect of his share

128. Heir's liability in respect of whole estate

129. Responsibility in special cases:

130. Law of transfer and mortgage of estate share

131. Responsibility of heir to a portion

132. Responsibility to an entire or part of debt

133. Exemption from responsibility

134. Division of burden of debts amongst the heirs

 

 

Chapter seven – Private international law

 

135. Definition of "domicile"

136. Jurisdiction of courts in Israel

137. Choice of law

138. Law of specific property

139. Capacity to bequest

140. Form of will

141. Classification of terms

142. Foreign law referring to other law

143. Foreign law not needed

144. Exceptions to the applicability of foreign law

 

 

Chapter eight – Various provisions

 

145. Law of sole heir

146. Inheritance in special cases

147. Law of payment according to insurance etc.

148. Adherence to family law

149. Cancellation of “Miri”

150. Independence of law

151. Competent courts

151.1 Appealing court's decision

152. Cancelled

153. Parties to hearing

154. Guardianship in inheritance matters

155. Jurisdiction of religious courts

156. Cancellations

157. Transition instructions

158. Law of previous wills

159. Pending proceedings

160. Execution and regulations

 

 

 

 

 

Chapter One: General Provisions

 

 

1. The inheritance

 

Upon the death of a person, his estate is handed over to his heirs.

 

 

2. The heirs

 

(A) The heirs are:

(1) Heirs pursuant to the law;

(2) Recipients according to lifetime gift;

(3) Beneficiaries according to a Testator's undertaking;

(4) Beneficiaries according to a death-bed will;

 

(B) The inheritance is according to the law unless it is according to a lifetime gift or Testator's undertaking or a death-bed will.

 

 

3. Capacity to inherent: people

 

(A) An heir who dies before Testator:

(1) A legal heir who dies before the Testator is incompetent to inherit him, with the exception of:

(a) A child having no issues who inherits his mother's inheritance.

(b) A Husband inheriting his wife's inheritance even when having issues.

(2) A lifetime gift is valid also when the gift recipient dies before the gift giver.

(3) A Testator's undertaking is valid also when the beneficiary dies before the undertaking maker.

(4) A death-bed will is invalid if the beneficiary dies before the Testator.

 

(B) An heir who is an unborn child at the time of Testator's death:

(1) A legal heir, who is born after the Testator's death, is entitled to inherit him, except for a firstborn in respect of his primogeniture.

(2) A recipient of a lifetime gift, who is born after the Testator's death, is entitled to inherit him if the Testator is his father, and provided that he was a fetus at the time of making the present.

(3) A beneficiary pursuant to Testator's undertaking, who is born after the Testator's death, is not entitled to inherit him even if he was a fetus at the time of making the undertaking.

(4) A beneficiary according to a death-bed will, who is born after the Testator's death, is entitled to inherit him, if the Testator is his father, and provided that he was a fetus at the time of making the will.

 

(C) For the purpose of a child's inheritance rights – it is of no consequence whether at the time of his birth his parents were married to each other or not, or if he was born from forbidden intercourse between his parents.

 

 

4. Capacity to inherent: corporations

 

A corporation is entitled to inherit if at the death of the Testator it was entitled to gain the assets.

 

 

5. Disqualification from inheritance

 

A court may disqualify the right of an heir:

(1) Who killed his Testator.

(2) Who converted from Judaism.

 

 

6. Heir' relinquishment of his inheritance right

 

(A) A legal heir:

(1) A legal heir cannot relinquish all of part of his share of the inheritance, whether prior to or after the death of his Testator.

(2) A Firstborn:

(a) May relinquish all or some of his primogeniture in the estate, while his Testator is on his death-bed.

(b) May relinquish all or some of his primogeniture in the estate, after the Testator's death, as long as he did not express his consent to receive such share.

(3) A husband may relinquish all or some of his share in the estate, if he and his wife explicitly stipulated accordingly between their betrothal and marriage.

 

(B) Beneficiary according to a death-bed will

A beneficiary according to a death-bed will may relinquish his share in the estate if he expressed his objection at the time of one of the following:

(1) Prior to the Testator's death.

(2) Following the Testator's death, on the first opportunity after he found out of gaining the gift.

 

(C) Recipient according to a lifetime gift

A recipient according to a lifetime gift may relinquish his share in the estate – whether prior to or following the Testator's death – if he expressed his objection on the first opportunity after he found out of gaining the gift.

 

(D) Beneficiary according to Testator's undertaking

A beneficiary according to Testator's undertaking may relinquish his share in the estate whether prior to or following the Testator's death.

 

(E) Relinquishment of inheritance rights in another's favor is forbidden.

 

(F) An heir who relinquished his share in the estate is considered as if not having been an heir in the relinquished share to begin with.

 

 

7. Other deals in an heir's right

 

(A) Following the Testator's death, even prior to distribution of the estate, the heir may transfer or mortgage all or some of his share in the estate, and the creditors of the heir may foreclose his share of the estate.

 

(B) An heir's right in a specific property of the estate is non-transferrable as long as the estate was not distributed, but it may be mortgaged.

 

 

8. Deals in a future inheritance

 

(A) An agreement in respect of one's inheritance or relinquishing one's inheritance which have been made during one's life – are valid.

 

(B) A gift made by a person in order for it to apply only after the giver's death is valid.

 

 

9. Simultaneous death of two

 

(A) In case two people died together and it is impossible to determine who died before, the rights in their respective estates shall be according to the following rules:

(1) In case one of the claimants is a verified heir and the other claimant is a doubtful heir, the verified heir has priority.

(2) Among several heirs at the same level of priority, the estate shall be distributed.

 

(B) In this Section, a "verified heir" is an heir of the same Testator who was held in the estate. A "doubtful heir" is an heir of the same Testator who was not held in the estate.

 

 

Chapter Two: Inheritance according to the law

 

 

10. Heirs who are relatives

 

(A) Testator's relatives are legal heirs, as follows:

(1) Whoever was her husband at the death of the Testator.

(2) Testator's children and their issues.

(3) Testator's parents and their issues.

 

(B) Their inheritance rights shall be according to the content of this chapter.

 

(C) For the purpose of this chapter, to the extent that the kinship has expired between the Testator and heir or between one of the Testator's heirs and the issue or parent of same heir, the inheritance shall expire.

 

 

11. Husband's right of inheritance

 

A husband takes his wife's entire estate, except for assets which are not in the possession of the wife at the time of her death.

 

 

12. Order of preference amongst Testator's relatives

 

(A) Testator's sons and their issues precede his daughters and their issues and his parents and their issues.

 

(B) Testator's daughters and their issues precede his parents and their issues.

 

(C) Testator's parents and their issues precede their parents and their issues.

 

(D) Sons and their issues precede daughters of the same level of kinship.

 

 

13. Shares in the inheritance

 

(A) Testator's firstborn inherits two times in the Testator's entire estate, except for property which is not in the possession of the Testator at the time of his death.

 

(B) A firstborn is whomever was born first to his father, excluding:

(1) Anyone born in a Cesarean Section or thereafter.

(2) Anyone who was born to his foreign father prior to his conversion into Judaism, and if his father had any children prior to his conversion into Judaism, also following his conversion.

(3) Anyone who was born after his father's death.

 

(C) A firstborn's primogeniture is only valid for the purpose of his father's estate.

 

(D) Heirs of the same level share the inheritance in equal shares between them.

 

 

14. Heir's substitutes

 

(A) An heir who dies before his Testator and leaves children, the children inherit instead of him subject to the content of Article 12(D), and this is relevant also to the children of each of the Testator's relatives who died before him.

 

(B) Children who inherit pursuant to sub-section (A) substitute their Testators as if the latter still exist, and they share in equal shares what they inherited in this way.

 

(C) The provisions of sub-section (A) shall not apply to a husband's inheritance of his wife' estate.

 

 

15. Disqualified and relinquishing heirs

 

(A) Anyone, who relinquished his share in the estate, his share is added to the other heirs, according to their shares.

 

(B) In case the court disqualifies an heir as stated in Section 5, his share in the estate shall be handed over in the following order:

(1) To the husband.

(2) To his children.

(3) If the heir has no husband or children, the court shall determine what shall be done with said heir's share.

 

 

16. Inheritance through adoption

 

Adoption does not confer inheritance rights between the adoptive parent and his relatives and the adoptee and does not cancel legal inheritance rights between the adoptee child and his relatives.

 

 

17. Inheritance without a known heir

 

In the absence of a known heir pursuant to this chapter and when the Testator left no will, his estate shall be deposited with the court.

 

 

Chapter Three – Inheritance according to a will

 

Article A – Form of will

 

 

18. Form of will

 

(A) A will is made in writing or orally.

 

(B) A will does not require witnesses.

 

 

19. Types of will

 

A will shall be made according to one of the following:

(1) Lifetime gift.

(2) A Testator's undertaking.

(3) Death-bed will.

 

 

20. Lifetime gift

 

(A) By lifetime gift the Testator gives his estate or part thereof to the recipient such that the gift to apply only following the Testator's death.

 

(B) In lifetime gift the recipient receives:

(1) Fruit of the estate only following the Testator's death.

(2) Possession of the estate, immediately as of the date of the gift.

 

(C) Lifetime gift shall be subject to gift law.

 

 

21. Testator's undertaking

 

(A) In Testator's undertaking the Testator assumes a monetary obligation or admits of the existence of a debt, in favor of the beneficiary, such that this charge is paid from the estate following the Testator's death.

 

(B) Testator's undertaking shall be subject to the law of obligations.

 

 

22. A death-bed will

 

(A) For the purpose of this Article:

"Sick" – a person, who is exhausted due to an illness, is unable to walk and is confined to his bed.

"Orders due to death" – anyone explicitly saying that his directions are made due his upcoming death or whose words are perceived as a complaint about his upcoming death

 

(B) A death-bed will is:

(1) Whatever a person orders in respect of his entire estate or part thereof, being sick or due to his upcoming death.

(2) What a person gives in his entire estate or part thereof being sick.

(3) What a person gives in his entire estate or part thereof due to his upcoming death.

 

(C) A death-bed will do not require property.

 

(D) A death-bed will is null and void immediately when the Testator recovers from the illness that justified the making thereof.

 

23. Disqualified witnesses

 

Witnesses who sign wills are subject to evidence law.

 

24. Execution of a will faulty in form

 

A will in respect of the validity of which the court has no doubt shall be executed albeit being faulty in form.

 

25. It is a good deed (Mitzvah) to comply with a dead person's wish

 

(A) The heirs of a person are bound to comply with his will albeit being invalid pursuant to this chapter.

 

(B) The provision of this Article shall only apply upon the occurrence of one of the following conditions:

(1) The Testator has deposited the estate bequeathed with a third party for the purpose of executing his will.

(2) The Testator ordered his heirs to fulfill his will.

 

(C) The provision of this Article shall not apply in the following cases:

(1) The recipient has not survived the Testator.

(2) The estate has already been transferred to a third party.

 

 

Article B – Validity of will

 

 

26. Capacity to bequest

 

(A) A will made by a minor or when the Testator was mentally ill – is void.

 

(B) A woman's will

(1) A will bequeathed by a married woman, whether by lifetime gift or Testator's undertaking, shall be void if the woman did not survive her husband, unless it was made under the consent of the Testator's husband.

(2) A death-bed will made by a married woman is void.

(3) A woman who bequeathed prior to her marriage – by Testator's undertaking – and did not survive her husband – her will shall be invalid unless made before two witnesses.

(4) The provisions of Sections (1) and (2) shall not apply to assets of the woman which were not known to her husband when the will was made.

 

(C) A gentile's will

(1) The estate of a gentile who made a death-bed will shall remain with the person holding it.

(2) Notwithstanding sub-section (1), a death-bed will made by a gentile in favor of his son whose parent, at the time of being conceived, were not Jewish, is void.

 

 

27. Freedom to bequest

 

(A) Cancellation of will by Testator.

(1) In a death-bed will:

(a) Testator may withdraw his will at any time.

(b) A provision of the will negating the Testator's right to change or cancel it is valid if made in property.

(2) In lifetime gift and Testator's undertaking:

The Testator may withdraw his will at any time only if he explicitly stipulated this in his will.

 

(B) An undertaking to make, change or cancel a will or to do none of the foregoing.

 

 

28. Will – a personal act

 

(A) A Testator may appoint an agent to make a will.

 

(B) Notwithstanding the content of sub-section (A), a death-bed will may only be made by the Testator himself.

 

(C) A provision of will which conditions the validity of the will with the wish of a person who is not the Testator is valid.

 

 

29. Delivery of decisions and authority to chose

 

The Testator is unable to deliver to another the right to choose the person who shall benefit from the estate or to determine the pro-rata share said person benefits from, even if the Testator indicated in the will a list of people to chose a beneficiary from or if he indicated assets from which to choose a portion, unless the Testator bequeathed his estate or part thereof to same person in order for him to hand it over to anyone or in the way he wishes.

 

 

30. Duress, mistake etc.

 

(A) A provision made under duress is void.

 

(B) A provision made by mistake – the court may assess the Testator's opinion and amend it at the court's discretion. If the Testator's opinion cannot be assessed, the provision is valid.

 

31. Cancellation of faulty will

 

(A) A provision made under duress is void even if the Testator could have cancelled it after he was no longer subject to such duress and failed to do so.

 

(B) A provision made by mistake is valid if the Testator could cancel it after having found out about the mistake and failed to do so.

 

 

32. Author's mistake etc.

 

A mistake which is an author's mistake, at the discretion of the court, does not invalidate a will.

 

 

33. Unclear will etc.

 

A provision which is unclear and cannot be clarified shall be interpreted so as to validate it.

 

34. Illegal will etc.

 

(A) A provision the execution of which involves an offense – is valid.

 

(B) Notwithstanding the content of sub-section (A), a provision the execution of which involves an offense, which is included in a death-bed will, is void.

 

(C) The provisions of Article 25 shall not apply to a provision the execution of which involves an offense.

 

 

35. Will in favor of witnesses

 

(A) A provision entitling the person who made it or otherwise participated in making it – is valid.

 

(B) A provision entitling a person witnessing the making thereof shall not invalidate the will, with the exception of the will indicated in Article 26(B)(3).

 

 

36. Cancellation by Testator

 

In the cases indicated in Article 27, a will cancelled by the Testator may be and shall be made by explicitly or implicitly cancelling it.

 

 

37. Applicability

 

For the purpose of this Article, a "provision" – the entire will, any part thereof and any of its conditions.

 

 

38. Cancellation of part of the will

 

(A) In case a will includes an illegal or impossible provision as a condition for entitlement, this condition is cancelled and this shall not invalidate the entitlement conditioned by said condition.

 

(B) In case any part of the will is cancelled, this shall not cancel the other parts thereof unless the court believes that the Testator would not have wanted the other parts without the cancelled part.

 

 

39. Need for will confirmation order

 

It is possible to claim rights according to a will or to need it as a will also before a will confirmation order has been issued in respect thereof pursuant to the provisions of Chapter V.

 

 

Article C – Provisions of the will

 

 

40. Subject of will

 

A person may bequest to one person or several persons:

(1) His entire estate or a pro-rata share of his entire estate;

(2) Any property from his estate (in this Law – a portion).

 

 

41. Heir instead of heir

 

(A) The Testator may bequest to two people in such that the second gains if the first one did not gain.

 

(B) If the second one gains, he shall be considered as the original beneficiary.

 

(C) Similarly, the Testator may bequest to more than two people.

 

 

42. Heir after heir

 

(A) The Testator may bequest to two people such that the second gains after the first one gained. The second person shall gain upon the death of the first one or upon fulfillment of the condition or when the date set in the will arrives, everything according to the condition conditioned by the Testator.

 

(B) The provision of sub-section (A) shall not apply to:

(1) A death-bed will in which the first person is entitled to be the Testator's legal heir, unless:

(a) The Testator specified that the first person shall be considered as a beneficiary according to a will rather than as a legal heir.

(b) Or the Testator conferred to the second person his share in the estate as of the date of making the will.

(2) A will in which the first person is an unmarried woman who marries prior to the date of the second person becoming beneficiary, unless the Testator bequests the second person his share in the estate as of the date of making the will.

 

(C) The first person may treat his share as his own and the second person shall only benefit from what the first one leaves. However, the first person is unable to derogate from the second person's right:

(1) By will.

(2) By sale or gift to one of his legal heirs.

(3) By sale or gift if the first person's benefit was limited to a certain time.

(4) By sale or gift if the Testator ordered that his heirs gain after the first person gains.

 

(D) The second person shall gain if he was eligible to inherit the Testator. If the second person dies before gaining or was found disqualified to inherit or relinquished his share, the provision in his favor is cancelled.

 

(E) Such provision in respect of more than two people – is valid.

 

 

43. Heir according to a delayed condition

 

(A) The Testator may order that an heir gains upon the fulfillment of a certain condition or on a certain date.

 

(B) If the condition is unfulfilled or the set date has not arrived prior to the Testator's death, the estate shall be managed by the Testator's legal heirs until such condition is fulfilled or such time arrives or until it transpires that the condition cannot be fulfilled any longer, according to the following:

(1) In lifetime gift:

(a) Which is conditioned with the fulfillment of a certain condition, the beneficiaries benefit from their share in the estate retroactively from the date of the Testator's death, and until then, the legal heirs shall be considered as administrators.

(b) Which is conditioned with the arrival of a certain date, the beneficiaries benefit from their share in the estate retroactively from such date, and until then, the legal heirs benefit from the fruit of the estate

(2) In a Testator's undertaking, the beneficiaries gain their share from the date such condition is fulfilled or such date arrives, and until then the legal heirs benefit from the estate.

(3) In a death-bed will, the beneficiaries benefit from their share retroactively from the date of the Testator's death, and until then, the legal heirs shall be considered as administrators.

 

(C) In case the Testator failed to determine who shall benefit if it transpires that the condition cannot be fulfilled, the legal heirs shall benefit.

 

 

44. Heir according to a terminating condition

 

(A) The Testator may order that an heir shall stop benefiting upon the fulfillment of a certain condition or upon a certain date.

 

(B) In case the Testator failed to determine who shall benefit upon the fulfillment of such condition or the arrival of such date, his legal heirs shall benefit as heirs after said heir pursuant to the provisions of Article 42(C)(5).

 

 

45. Heir's obligations

 

The Testator may condition in his will an action which has to be carried out or refrained from by the heir in respect of his share in the estate. The fulfillment of such obligation may be requested by anyone who is related to the will and conditions thereof, and if this issue is of public interest – the court too.

 

 

46. Will and inheritance according to the law

 

If the Testator bequests a pro-rata share of his entire estate to one of his legal heirs:

(1) In a lifetime gift and in Testator's undertaking, this share shall be added to the share due to same legal heir and shall not be in its place.

(2) In a death-bed will, said heir shall benefit from said share or the share due to him by law, according to the larger share.

 

 

47. Portion and share in estate

 

(A) If the Testator bequests a portion to a legal heir, the provisions of Article 46 shall apply.

 

(B) If the Testator bequests a portion to a beneficiary of a pro-rata share from the entire estate according to the will, the portion shall be added to the share in the estate and shall not be instead of it, unless the second will withdraws from the first will.

 

 

48. Heirs whose shares are not determined

 

(A) If the Testator bequeathed to several people and failed to determine their shares, their shares shall be equal.

 

(B) If the Testator bequeathed to a collective body and to individuals and failed to determine their shares, the collective body benefits half and the individuals benefit half.

 

 

49. Heir dying before Testator

 

If a beneficiary according to a will dies before the Testator and the Testator failed to appoint another person who shall benefit instead, said beneficiary's heirs shall benefit instead of him.

 

 

50. Disqualified and relinquishing heirs

 

(A) If a beneficiary according to a will relinquishes his share and the Testator failed to appoint another person who shall benefit instead, the provision of the will in his favor is cancelled.

 

(B) If a beneficiary according to a will is found disqualified to inherit and the Testator failed to appoint another person who shall benefit instead, the provisions of Article 15(B) shall apply to the provisions of the will in his favor.

 

 

51. Portion of specified property

 

(A) If the Testator bequests a certain property, the beneficiary shall gain it in the condition the property was upon the Testator's death.

 

(B) A beneficiary may not request from the other heirs to remove a mortgage taken on the property by the Testator.

 

(C) A beneficiary may not request compensation from the other heirs if upon the Testator's death the property was not part of the estate.

 

(D) The profits and expenses in connection with the property until the Testator's death go into the account of the estate and from that date onwards – into the beneficiary's account, unless he gains the property at a later date.

 

 

52. Portion of unspecified property

 

(A) If the Testator bequests an unspecific property, the beneficiary is entitled to bottom-rank property.

 

(B) If the Testator bequests a pro-rata share of his property, the beneficiary is entitled to bottom-rank property at the same worth.

 

 

53. Subjecting to the provisions of the will

 

Cancelled

 

 

54. Interpretation of the will

 

(A) A will is interpreted to the extent that its wording is clear and according to the language spoken in the relevant place.

 

(B) A will which may be interpreted in several ways shall be interpreted such that the will can be validated.

 

(C) A will must be worded in a ton of a gift.

 

 

55. Quasi will

 

Domestic cohabitation of a man and a woman who are not married to each other does not confer to neither any right in the other's estate

 

 

Chapter Four – Maintenance from estate

 

 

56. Right to maintenance

 

(A) If a husband leaves a wife, children or parents who need maintenance:

(1) The sons or parents are not entitled to maintenance from the estate.

(2) The wife and daughters are entitled to maintenance from the estate pursuant to the provisions of this chapter, whether by a legal inheritance or a death-bed will.

 

(B) If a wife leaves a husband, children or parents who need maintenance, they are not entitled to maintenance from the estate.

 

 

57. Limitations of the right to maintenance

 

(A) The right to maintenance is given to:

(1) The Testator's widow.

(a) A widow is entitled to maintenance from the estate based on the Ketubah Regulation (Jewish marriage contract) and as long as she did not collect her Ketubah.

(b) The heirs are not entitled to pay the widow's Ketubah and negate from her the right to maintenance without her agreement or a court's enactment.

(c) A widow is not entitled to maintenance from the estate in the following cases:

1. She claimed her Ketubah albeit not being paid.

2. She is engaged to another.

3. She relinquished her Ketubah.

4. She sold or mortgaged her Ketubah.

(2) The Testator's widow who is Shomeret Yavam (waiting for a brother-in-law who is a child to reach adolescence and perform chalitza).

(a) A Shomeret Yavam is entitled to maintenance from her husband's estate only for the first three months following her husband's death, like any other widow.

(b) Following the chalitza by the brother-in-law she has no maintenance from the Testator.

(3) The Testator's daughters

(a) Although the daughter's right to maintenance derives from the obligations of her father in her mother's Ketubah, this right is not dependant on the continued validity of the Ketubah.

(b) The Testator's daughter is entitled to maintenance from the estate if her father had married her mother before she was born.

(c) The Testator's daughter is entitled to maintenance from the estate until she is 18 or until she marries.

(d) In addition to her maintenance, the Testator's daughter is entitled to maintenance from the estate for the purpose of her marriage even when she is an adult.

(4) His adopted children

An adopted son or daughter is entitled to maintenance from the estate.

(5) Grandchildren

(a) The Testator's grandchild, who was orphaned prior to the Testator's death, is not entitled to maintenance from the estate.

(b) The Testator's grandchild whose sustenance was provided by the Testator on the eve of his death and whose parents are unable to provide his maintenance is entitled to maintenance from the estate.

(6) Parents

The Testator's parents are not entitled to maintenance from the estate.

 

(B) A wife, who, on the eve of the Testator's death, was not entitled to receive maintenance from him, is not entitled to maintenance from his estate.

(1) A divorced woman or a doubtfully divorced woman who has become widow – has no maintenance from the estate even if she has not yet received her Ketubah.

(2) A woman who lives with the Testator without a Jewish wedding is not entitled to maintenance from his estate.

 

 

58. Additional expenses

 

(A) Maintenance from the estate for the widow – including expenses for mador (housing) and other sustenance needs.

 

(B) Maintenance from the estate for the daughter - including expenses for mador (housing) and other sustenance needs and acquiring an occupation.

 

 

59. Setting maintenance

 

(A) In setting the right to maintenance and the size thereof, the court shall take into consideration, inter alia:

(1) The worth and components of the estate.

(2) What the widow is entitled to receive from the estate for her Ketubah.

(3) What the daughters are entitled to receive from the estate for livelihood for marriage.

(4) The standard of living of those entitled to maintenance as was at the eve of the Testator's death and the change occurring in his needs as a result of the Testator's death.

(5) The widow's and Shomeret Yavam's income.

(6) The maintenance the daughters received from other sources or as a favor from others.

 

(B) In setting the right to maintenance and the size thereof, the court shall not take into consideration, inter alia:

(1) The daughters' income.

(2) The property or income of those entitled to maintenance.

 

 

60. Applying for maintenance

 

(A) An application for maintenance shall be filed at the court at any time prior to or following the distribution of the estate.

 

(B) The court may set maintenance retroactively as of the Testator's death; and it may also set temporary maintenance until the application is handled.

 

 

61. Ways of supplying maintenance

 

(A) Supplying maintenance for widow

The court shall set the widow's maintenance in periodic payments once every 30 days and it may not set it as a lump sum.

 

(B) Supplying maintenance for Testator's daughters

(1) When, at the time of the Testator's death, the estate includes many properties, the court may set the supply of maintenance for the daughters in periodic payments.

(2) When the properties are few, the court appoints a guardian to administer the estate and supply the daughters their maintenance.

 

(C) Supplying maintenance for those entitled to maintenance

The court may set the supply for those entitled to maintenance by periodic payments.

 

(D) The court may set the ways for supplying the maintenance, and inter alia:

(1) Who shall supply and who shall receive the maintenance.

(2) Ensuring payment of maintenance.

(3) The court may condition the supply of maintenance if at its discretion the circumstances justify it.

(4) In case of periodic payments, each party may request, at any time, to apply for changing the conditions for the supply thereof.

 

 

62. Discover of new facts and changes of circumstances

 

If maintenance was set, the person entitled to maintenance may apply for enlarging it or for continuing the payment thereof, and the heirs may apply for reducing or cancelling it, for requesting the refund of a lump sum payment, in full or in part, or for requesting to receive the estate to their possession, everything as the case may be, if any facts have been discovered that existed when the maintenance was set and were not known to the applicant at the time.

 

 

63. Enlarging estate for maintenance purposes

 

(A) If the estate is insufficient so as to supply the widow's and daughters' maintenance, their maintenance shall be collected from lands given by the Testator as a death-bed gift but not from properties he gave as a lifetime gift, and not from properties he gave as endowment, nor from properties the heirs sold after the Testator's death.

 

(B) The recipient of a death-bed gift, who returns the properties for the maintenance, shall not pay for the period during which he benefited from the profits of the properties.

 

 

64. Order of priority amongst those entitled

 

In case the estate is insufficient to supply the maintenance to all those entitled, the following priority of entitlement shall apply:

 

(A) The right of the person entitled to maintenance due to a commitment precedes the widow's maintenance.

 

(B) The right of the widow to maintenance precedes the daughters' right to maintenance.

 

 

65. Deals in maintenance rights

 

(A) An agreement as to the widow's maintenance pursuant to this chapter and relinquishing it, which was made under the widow's consent, whether at the date of the marriage or thereafter during the Testator's life, or after the Testator's death – is valid.

 

(B) An agreement as to the daughters' maintenance pursuant to this chapter and relinquishing it, which was made under the consent of the daughters' mother at the date of the marriage is valid and if it was made after the marriage, during the Testator's life or after the Testator's death – is cancelled.

 

(C) An agreement as to the maintenance of an eligible person pursuant to this chapter and relinquishing it, during the Testator's life or after the Testator's death – is cancelled.

 

(D) A provision negating or limiting a right to maintenance pursuant to this chapter – is cancelled.

 

(E) A right to maintenance pursuant to this chapter cannot be transferred, foreclosed, mortgaged or inherited.

 

 

Chapter five – Inheritance order and Probate Order

 

 

66. Cancelled

 

 

67. Filing objections

 

(A) If an application was filed for an inheritance order or for a probate order, the court shall publicly announce it and set a suitable time not less than two weeks for filing objections; any interested party may file an objection to the court.

 

(B) If no objection was received, the court shall issue an inheritance order or a probate order; however, issuing the order shall not prevent opponents from claiming their entitlement thereafter.

 

 

68. Evidence

 

(A) A person's death and time of death must be proven.

 

(B) A will, with the exception of an oral will, requires evidence by filing the original; if it is proven that the original was destroyed in a way or circumstances which are insufficient to cancel the will, the court may allow proving the will in other ways.

 

 

69. Content of inheritance order and probate order

 

(A) An inheritance order shall declare the names of heirs and the pro-rate share of each of them in the estate.

 

(B) A probate order shall declare that the will is valid with the exception of the provisions the court found to be void.

 

 

70. Changes following Testator's death

 

(A) In case an heir dies after the Testator's death and prior to issuing the order, or another change has occurred during same period, the order shall specify the details stated in Article 68 as they were at the time of issuing the order.

 

(B) If an administrator was appointed, this shall be indicated in the inheritance order or probate order.

 

 

71. Force of inheritance order and probate order

 

Inheritance order and probate order are valid in respect of everyone as long as they are not amended or cancelled.

 

 

72. Amendment and cancellation of inheritance order and probate order

 

(A) If the court issues inheritance order or probate order, the court may – at the request of an interested party – amend or cancel them based on facts or claims not available thereto at the time of issuing the order.

 

(B) If inheritance order or probate order was amended or cancelled pursuant to the provisions of sub-section (A), the court shall inform the legal heirs or the will's beneficiaries accordingly.

 

 

73. Deals in estate after inheritance order and before it is amended or cancelled

 

In case any deal is made following the issue of an inheritance order and the order is amended or cancelled, the real estate transactions are cancelled and the selling heir must refund the buyer, and transactions in respect with movable properties are valid.

 

 

74. Expenses

 

Expenses involved with the proceedings pursuant to this chapter, at an amount set by the court, shall apply to the estate unless otherwise instructed by the court.

 

 

75. Depositing will with the court

 

Anyone who has a will is only required to deposit it according to a court's decision.

 

 

76. Notices of a will

 

In case a will was deposited with the court or handed over thereto pursuant to Article 74, and an application for probate was not filed, the court may deliver a suitable notice to the beneficiaries according to the will.

 

 

Chapter six – Estate management and distribution

 

Article A – Means for protecting estate

 

 

77. Means for safeguarding estate

 

At any time following the Testator's death and as long as an administrator is not appointed, the court may – at the request of any interested party or at its own discretion – take the means  it finds fit to safeguard the estate or the rights in the estate, including issuing an order for the appointment of a temporary administrator.

 

 

Article B – Administrator

 

 

78. Appointing an administrator

 

(A) The court may, at the request of an interested party, appoint an administrator by an order.

 

(B) The court may appoint an administrator by an order at its own discretion:

(1) So that the estate shall not be lost.

(2) When there are small and large heirs.

 

 

79. Competence to be appointed

 

An individual, a corporation or the Guardian General may be appointed as an administrator.

 

 

80. Consent

 

Only a person who notified the court of his consent to the appointment may be appointed as administrator.

 

 

81. Testator's instruction

 

If the Testator appointed in his will a person as his will executor or estate administrator, the court shall appoint the same person as administrator of the estate unless said person is unable or refuses to accept the appointment or the court believes that due to special arguments, there are special reasons not to appoint him.

 

 

81A. Court proceedings

 

If an administrator was appointed pursuant to Article 77(B) or 80, the proceedings pursuant to this chapter shall continue in court.

 

 

82. Roles

 

An administrator must, subject to the provisions of the court, receive the properties of the estate, manage the estate, supply maintenance from the estate to those entitled, settle the debts of the estate, divide the remainder of estate amongst the heirs according to an inheritance order or executed will, and do anything else required for the execution of an inheritance order or an executed will.

 

 

83. Court instructions

 

The court may, at any time, at the request of an interested party or at its own discretion, provide the administrator with instructions regarding anything concerning fulfilling his role.

 

 

84. List of estate

 

(A) According to the court's instructions, the administrator shall submit to the court a list of the estate's property and debts.

 

(B) In case a list was submitted and it was subsequently transpired that there are further property or debts, the administrator shall submit, within fourteen days as of the date they were discovered, an addendum to the list.

 

(C) The court may, if it sees justifying reasons, extend the periods for submitting the list or the addendum to the list.

 

 

85. Assessment

 

The court may instruct that:

(1) The administrator shall submit to the court, on the scheduled date, an assessment to the property of the estate made as at the date scheduled by the court.

(2) Said assessment shall be made by an appraiser or another person appointed by the court.

 

 

85A. Investment of money

 

The administrator must hold or invest the money of the estate which is not required for the purpose of the ongoing management thereof, for saving the principal and protecting the profits; the court may enact regulations for investing the money of the estate which shall bind the administrator.

 

 

86. Accounts, reports and providing information

 

In respect of all matters relating to the estate the administrator is required to keep accounts, submit to the court a report as instructed and at least upon the expiration of its role, and deliver to the court full information at its request.

 

 

87. Liability

 

The administrator is liable to any damage caused due to breaching his duties as administrator; the court may dismiss him from his role.

 

 

88. Review of reports

 

Cancelled

 

 

89. Guarantee

 

(A) The president of the court may, prior to or following the appointment of an administrator, request that the administrator shall mortgage assets or provide another guarantee for ensuring the fulfillment of his roles and duties, and the court may, at any time, require an additional guarantee or release a given guarantee, in full or in part.

 

(B) If the Testator ordered in his will that the executor of his will or the administrator of his estate shall not be obligated to provide a guarantee, or if he indicated in his will a person who shall execute his will or administer his estate and did not instruct that they must provide a guarantee, the court shall not request from the administrator to provide a guarantee unless it is convinced, due to arguments to be recorded, that there were special reasons to do so.

 

 

90. Realization of guarantee

 

Guarantee pursuant to Article 88 shall be given in favor of the court, and the court is entitled to represent those entitled to the estate in anything relating to the realization thereof.

 

 

91. Fee

 

The court may set a fee to the administrator according to rules to be set in the regulations.

 

 

92. End of appointment

 

(A) An administrator may resign from his post by way of a written notice to the court. The resignation shall not be effective unless approved by the court and as of the date scheduled in the approval.

 

(B) The court may, at the request of an interested party or at its own discretion, dismiss an executor if he does not fulfill his role properly or if it sees another reason for the dismissal.

 

(C) An administrator's appointment expires if the court approves that he completed his role and as of the date scheduled in the approval.

 

 

93. Several administrators

 

In case the court appoints two or more administrators, the following provisions shall apply unless otherwise instructed by the court:

(1) The administrators must act under consent. In any matter on which they disagree, they shall act according to the majority or as instructed by the court.

(2) Any action of one or some of the administrators requires the consent of the other administrators or the court approval, in advance or retrospectively.

(3) In any matter which cannot be delayed, each administrator may act at his own discretion.

(4) Each administrator is responsible for the actions of his co-administrators unless he objected thereto or was not aware thereof.

(5) If the position of one of the administrators has become vacant or if he ceased to serve, temporarily or permanently, the other must notify the court accordingly and are unable and unauthorized to continue fulfilling their role unless the court provided that they can proceed, at the time of appointment.

 

 

94. Third party protection

 

An action of the administrator which requires consent or approval pursuant to Article 92(2) shall be invalid in the absence of such consent or approval even if made in respect of a person who was not aware and was not supposed to be aware that it requires such consent or approval.

 

 

95. Testator's instructions

 

If the Testator provides instructions in his will regarding any of the matters which are at the discretion of the court according to this article, the court shall act in accordance with these instructions, unless it is convinced, due to arguments to be recorded, that there were special reasons to digress there from.

 

 

96. The court as administrator

 

In case the court appoints itself as administrator, the provisions of Articles 79 to 90 shall not apply except for Article 86.

 

 

Article C – Estate management by administrator

 

 

97. Administrator's powers

 

The administrator is authorized to do everything required to fulfill his role, except for actions that the court determined, in the order of appointment or thereafter, as requiring previous approval.

 

 

98. Receivership of estate's property

 

The administrator may require that the property of the estate be handed over to him and that debts owed to the Testator reach his hands, and he acts in the place of the Testator in this regard.

 

 

99. Inviting creditors

 

(A) The administrator is required to invite the Testator's creditors to inform him in writing of their claims against the estate. The invitation is made public and a deadline of three months is set for filing of claims, from the date of publication.

 

(B) The court may free the administrator from having to issue an invitation to the creditors if it sees that there is no justification for this, in the circumstances.

 

(C) The provisions of this article shall not derogate from the administrator's obligation to pay off the debts of the estate which come to his knowledge in any way.

 

 

100. Way of paying off debts

 

(A) For the purpose of paying off the debts of the estate the administrator shall first use money found in the estate.

 

(B) In case paying off the debts requires realization of the property of the estate, the administrator shall first offer the heirs the opportunity to buy the property, at market value, and a reasonable time to do so. Heirs who are unable at first to acquire the property may do so at any time when they have the financial ability to do so.

 

(C) If the Testator bequeathed a specified property to a specific person, such property shall not be realized as long as it is possible to pay off the debts of the estate by realizing other property of the estate.

 

 

101. Guaranteed debts

 

Any of the Testator's debts, which were guaranteed shortly prior to his death, shall be subject to the provisions of this article.

 

 

102. Future and conditional debts

 

The court may instruct, if it sees fit, that any of the Testator's debts which is not due for payment yet and any conditional debt shall be guaranteed or paid off as determined, also prior to the time of payment or before the condition is fulfilled.

 

 

103. Expenses of managing estate

 

The estate management costs, including that of the administrator's fees, shall be borne by the estate, unless the court rules that another party should bear all or some of the costs.

 

 

104. Order of priority of estate debts

 

(A) The following amounts (in this Law – the Estate Debts) shall be paid off according to the following order:

(1) The debts the Testator had when he died which were not cancelled upon his debts (in this Law – the Testator's Debts), including his widow's rights under her Ketubah or property relations agreement.

(2) Expenses involved with the Testator's funeral, burial and gravestone according to the customary under these circumstances.

(3) Costs of inheritance order or probate order and of managing the estate should these be applicable to the estate.

(4) What the Testator's spouse had a right to pursuant to Spouses' Property Relations' Law, 5733-1973.

 

(B) Debts on the estate with equal priority shall be paid off equally and provided that no higher amount is paid.

 

(C) The priority of taxes and other obligatory payments shall be according to the time they were created.

 

(D) Debts on the estate have a priority over maintenance from the estate.

 

 

105. Clarification and payment of debts

 

(A) If the administrator is sure that the estate is big enough to pay off all the debts, he may pay off debts before he completes clarifying the other debts.

 

(B) If the administrator suspects that the estate is not big enough to pay off all the debts, he shall only pay off debts from the Testator's lands prior to completing the clarification regarding the other debts.

 

(C) For the purpose of this Article, "Debts on the Estate" – are also maintenance on the estate.

 

 

106. Bankruptcy of estate

 

If it becomes clear that there is not enough money in the estate to pay off all the debts, the administrator must pay off debts pursuant to Articles 103 and 104.

 

 

Article D – Dividing estate by the administrator

 

 

107. Date of division

 

(A) After the debts and maintenance awarded have been paid off from the estate, the balance of the estate shall be divided amongst the heirs.

 

(B) The balance of the estate shall not be divided as long as the period set for inviting creditors has not passed; and it shall not be divided as long as the rights depending on an unborn child have not been set pursuant to Article 3(B)().

 

(C) If the Testator provides in his will instructions as to a later date for dividing the estate, his instructions shall be fulfilled unless the court has instructed to alter the date of division.

 

 

108. Accommodation and sustenance for transition time

 

(A) The entitlement of a person, who lived with the Testator shortly prior to his death, whether the Testator was the owner of the apartment or rented it, to continue living in the apartment and to use during that time the movable property of the joint household, shall be determined according to Chapter four of this Law.

 

(B) The entitlement of a person, who lived with the Testator shortly prior to his death and was sustained by the Testator, to receive sustenance from the estate shall be determined according to Chapter four of this Law.

 

 

109. Subject of division

 

(A) The property of the estate shall be divided amongst the heirs according to its value at the time of division.

 

(B) Appreciation of property, its fruit and whatever comes instead of the property, from the Testator's death until the division of the estate, belong to the estate, as well as depreciation of the property and payments in respect thereof.

 

(C) If, after paying off the Debts on the Estate and the maintenance on the estate, the estate is insufficient to provide for all the portions, the portions shall be deducted according to their relative worth upon the Testator's death unless his will includes another provision in this respect.

 

 

110. Division according to agreement

 

(A) The property of the estate shall be divided amongst the heirs according to an agreement between them or according to the court's decision.

 

(B) The administrator shall offer the heirs a plan for dividing the property and try to make them reach an agreement.

 

(C) If one of the heirs is absent and not duly represented, the court's approval shall replace his consent.

 

(D) If the property of the estate is divided amongst the heirs according to an agreement, the provisions of Articles 111 to 116 shall not apply.

 

 

111. Division according to court order

 

(A) In the absence of agreement amongst the heirs, the estate shall be divided according to a court order.

 

(B) If the Testator gave instructions in his will about the division of the estate amongst the heirs, the court shall follow the instructions in the will, unless it is persuaded, due to arguments to be recorded, that there are special reasons for digressing there from. In the absence of such instructions in the Testator's will, the court shall act according to the rules in Articles 111 to 116.

 

 

112. Property that may be divided

 

(A) A property that may be divided shall be divided amongst the heirs.

 

(B) When there are several properties, the division shall be made on the basis of one property for another.

 

(C) When the property is divided, consideration must be taken of the advantage that a specific property would bring to a particular heir, and to the sentimental value it may have for him.

 

 

113. Property which cannot be divided

 

(A) A property which cannot be divided and a property the division of which shall result in a considerable depreciation thereof, including a unit in agriculture, industry, trade or commerce, and expect for an agricultural farm which is subject to Article 113- shall be given to the highest bidder, provided that the price is not less than the market price. The amount proposed by the heir shall be credited on account of what he is due from the estate, and if said amount exceeds the due worth of the property, the heir shall pay the excessive amount.

 

(B) If the heirs are uninterested in buying the property as stated in sub-section (A), the property shall be sold and the consideration thereof shall be divided.

 

(C) The court may instruct as to way of selling the property.

 

 

114. Agricultural farm

 

(A) A farm the division of which would result in harming its ability to function as an agricultural farm capable of supporting a farming family shall pass to the heir who is willing and able to run it, and he will pay the other heirs if the worth of the farm exceeds his share in the estate.

 

(B) If the heirs cannot reach an agreement about which one of them is able to run the farm, as to the properties constituting the farm, the worth of the farm for the purpose of the calculation amongst the heirs, and as to the way of compensation the other heirs, the time of paying it and guaranteeing it – the court shall decide according to the circumstances.

 

(C) If an heir was a farmer during the Testator's life or invested some of his capital therein and did not receive any consideration as another person would have, this shall be taken into consideration when setting said compensation.

 

 

115. Family home

 

(A) A person who lived with the Testator in a home owned or rented in a rent agreement by the Testator, which is not cancelled upon his death, and where he resided shortly prior to his death, and who has a right to maintenance from the estate pursuant to Chapter four of this Law, may continue living in it.

 

(B) The court may determine, at the request of the heirs:

(1) That those entitled to live in the family home shall do so only if this is possible, and if it is not – they shall reside in a different home on account of the estate.

(2) That those staying in the family home shall continue to live only in a part thereof, provided that such part shall include the kitchen and utility rooms, if any.

 

(C) The right for renting an apartment according to an agreement, which was rented and occupied by the Testator shortly prior to his death, and was not cancelled upon the Testator's death and does not constitute a right pursuant to the Tenant Protection laws, shall be handed over to his heirs.

 

 

116. Division according to lot

 

Property which may be divided but the shares have been determined according to their value, shall be divided according to a lot.

 

 

117. Coordination of rights of several heirs

 

(A) When the provisions of this article confer a right to one of the heirs, it applies also to several heirs if they agree to jointly use same right.

 

(B) If several heirs wish to use the same right, each on its own, the court shall decide in this regard.

 

 

118. List of division

 

(A) Within thirty days of the division of the estate, the administrator shall submit to the court a list of the estate division and verify that the list is complete.

 

(B) The list shall specify the property from the estate received by each of the heirs and shall include an assessment of the worth of this property at the time of division, if the heirs have not waived the assessment.

 

 

119. Additional division

 

If the estate had been divided and subsequently additional property was found, it shall also be divided pursuant to the provisions of this article, but the property divided shall not be re-divided without the consent of all related parties or if the court believes that the former division would have been different had the additional property been known at the time.

 

 

120. Amendment of division

 

(A) If the estate had been divided, whether by agreement amongst the heirs or by a court order, and subsequently new facts showed that the assessment of any of the property of the estate was erroneous by more than one sixth, or the inheritance order or probate order based on which the division was made was amended or cancelled, the estate shall be re-divided.

 

(B) If one of the heirs who benefited from the estate had sold his share and subsequently found out that the division was erroneous, it shall not be taken from its rightful owner and the accounting shall be made with the heir in respect of what he originally received and what he is due in fact.

 

(C) If the property is in the heirs' possession and a re-division is required, the property is returned. If the property is not in kind, the re-division shall be in money.

 

 

Article E – Estate management and division by heirs

 

 

121. General provision

 

(A) Albeit the appointment of an administrator, the actions of one of the heirs in the estate are valid.

 

(B) In case no administrator was appointed, the estate shall be managed and divided by the heirs pursuant to the provisions of this article.

 

 

122. Several heirs

 

(A) In managing the estate the heirs must act under consent. In matters whereby they disagree they shall act according to the court's decision.

 

(B) Notwithstanding the content of the previous section, an action of one or some of the heirs in the estate is valid.

 

(C) In a lawsuit of or against any of the heirs, they shall be subject to partners law.

 

(D) Each of the heirs may act at its own discretion in matters which cannot be delayed.

 

 

123. Inviting creditors

 

(A) The heirs may invite the Testator's creditors to inform them in writing of their claims against the estate. The invitation is made public and a deadline of three months is set for filing of claims, from the date of publication.

 

(B) The provisions of this article shall not derogate from the heirs' obligation to pay off the debts of the estate which come to their knowledge in any way.

 

 

124. Paying off debts

 

Paying off the debts on the estate shall be subject, mutatis mutandis, to the provisions of Articles 99 to 105.

 

 

125. Division of estate

 

The division of the estate amongst the heirs shall be subject, mutatis mutandis, to the provisions of Articles 106 to 119. Submission of a list of division as stated in Article 117 is optional to the heirs, all or some of them.

 

 

Article F – Heirs' liability to debts on estate

 

 

126. Liability to property  of the estate

 

The heirs' liability to the debts on the estate shall apply immediately upon the Testator's death and out of the property of the estate.

 

 

127. Heir's liability in respect of his share

 

(A) If the estate was divided after the creditors had been invited pursuant to Article 98 or 122 and the debts known at the time of division were paid off, the heir continues to be responsible for the debts on the estate if such are discovered after the division and up to the worth of his share in the estate.

 

(B) The list of division pursuant to Article 117 or 124 shall be prima facie evidence of the share of each heir in the estate, and if it includes an assessment – of its worth as well.

 

 

128. Heir's liability in respect of whole estate

 

(A) Even if the estate was divided without inviting the creditors and without paying off the debts known at the time of division, each heir is responsible to the unpaid debts up to the value of his share in the estate.

 

(B) The creditors must prove the worth of the estate or of what an heir received from the estate.

 

 

129. Responsibility in special cases:

 

(1) An heir who confiscates any of the property of the estate thereby preventing payoff of debts is responsible to all unpaid debts up to a maximum equivalent to the value of his share in the estate.

(2) An heir, who conceals the existence of a debt or otherwise prevents it being paid, will be responsible for paying that particular debt up to a maximum equivalent to the value of his share in the estate.

 

 

130. Law of transfer and mortgage of estate share

 

(A) An heir, who transfers or mortgages his share in the state, before it is divided as stated in Article 7, is not exempt from his responsibility for estate debts.

 

(B) If the transfer or mortgage recipient received a land, he is responsible to the unpaid debts on the estate up to a maximum equivalent to the value of his share in the estate.

 

 

131. Responsibility of heir to a portion

 

(A) A beneficiary of a portion of land according to a lifetime gift is responsible to unpaid debts on the estate up to a maximum equivalent to the value of his share in the estate, and a creditor may not charge from him as long as he can charge from an heir who has not gained a portion, and if he gained a portion in movable property – the creditor cannot charge from him.

 

(B) A beneficiary of a death-bed gift is responsible to the debts on the estate pursuant to Articles 126 to 129; however, the creditor may not charge from him as long as he can charge from an heir who did not gain a portion.

 

(C) A recipient of a gift is not responsible to the portions of other beneficiaries.

 

 

132. Responsibility to an entire or part of debt

 

(A) A creditor, whose debt is under the responsibility of an heir pursuant to the provisions of this article, may sue him in the following cases to an extent not exceeding the scope of the heir's responsibility.

(1) The Testator left movable property and not all heirs can be charged.

(2) The Testator left lands and collection of the debt according to the scope of responsibility of each of the heirs requires the creditor to collect from the heirs portions only from property they received from the estate.

 

(B) Even if the creditor did not notify of his lawsuit within the period set in the invitation pursuant to Article 98 or 122, and is unable to justify his failure to notify, he may charge from an heir pursuant to sub-section (A).

 

 

133. Exemption from responsibility

 

A person who is responsible to the debts on the estate pursuant to the provisions of this article cannot be exempt from his responsibility and the court is unable to exempt him even if he handled the debts of the estate in good faith and his share in the estate was small.

 

 

134. Division of burden of debts amongst the heirs

 

(A) The heirs bear the debts on the estate according to their pro-rata shares in the estate, unless the Testator otherwise instructed as to the division of the burden of debts in his will, provided that no heir shall bear debts on the estate the amount of which exceeds his share in the estate.

 

(B) An heir who paid off a creditor more than he is obligated to in comparison to the other heirs may request from the other heirs refund of the balance if they paid off less than they were obligated to.

 

 

Chapter seven – Private international law

 

 

135. Definition of "domicile"

 

In this chapter a person's "domicile" is a permanent domicile, permanent place of work or place of main businesses; a minor, incapacitated and ward – their place of residence is at the place of residence of the guardian in so far as no other place is proved to be the centre of his life.

 

 

136. Jurisdiction of courts in Israel

 

The courts in Israel are competent to decide regarding the inheritance of anyone whose domicile upon his death is in Israel or who left property in Israel.

 

 

137. Choice of law

 

An inheritance shall be subject to this Law.

 

 

138. Law of specific property

 

Cancelled

 

 

139. Capacity to bequest

 

The Law shall apply to the capacity to bequest, subject to the custom of the country where it is bequeathed.

 

 

140. Form of will

 

A will is valid in form if it is valid pursuant to this Law.

 

 

141. Classification of terms

 

For the purpose of setting jurisdiction and law pursuant to Articles 135 to 139, each term shall be assigned with the meaning it has in this Law.

 

 

142. Foreign law referring to other law

 

Cancelled

 

 

143. Foreign law not needed

 

Cancelled

 

 

144. Exceptions to the applicability of foreign law

 

Cancelled

 

Chapter eight – Various provisions

 

 

145. Law of sole heir

 

If the Testator has a sole heir, the provisions of this Law in respect of the share in the estate shall apply to the entire estate, and the provisions of this Law regarding the division of the estate shall apply to the merger of estate property with the property of the sole heir.

 

 

146. Inheritance in special cases

 

A man who was married to more than one woman at the time of his death, his wives shall receive their maintenance from the estate in equal parts and their respective Ketubahs according to priority in marriage.

 

 

147. Law of payment according to insurance etc.

 

(A) Amounts to be paid following a person's death according to an insurance contract, membership in a superannuation fund or in a provident fund or according to similar grounds are included in the estate, unless the recipient is conditioned.

 

(B) Compensation in respect of car accident, work accident and those murdered in the Holocaust are not included in the estate.

 

(C) Payments due to a debt claim or a tort claim are included in the estate.

 

(D) Capital the Testator would not have gained without an oath is not included in the estate.

 

 

148. Adherence to family law

 

This Law shall not prejudice the property relations between spouses or the rights deriving from personal relations; however, inheritance rights and maintenance rights from the estate shall be subject to this Law only.

 

 

149. Cancellation of “Miri”

 

Cancelled

 

 

150. Independence of law

 

Cancelled

 

 

151. Competent courts

 

The competent courts pursuant to this Law are the rabbinical courts.

 

 

151.1 Appealing court's decision

 

Anyone who feels his rights have been harmed by a decision of the court may appeal against it to the appellant court.

 

 

152. Cancelled

 

 

153. Parties to hearing

 

Any interested party may become a party to the hearing in any matter submitted to the court pursuant to this Law. However, the court may not initiate proceedings against beneficiaries who are unable to sue or defend themselves.

 

 

154. Guardianship in inheritance matters

 

The court is obligated to appoint a guardian in respect of heirs or those entitled to maintenance from the estate that, at the discretion of the court, are unable to safeguard their rights in the estate on their own or by their representative, at the request of an interested party or at its own discretion.

 

 

155. Jurisdiction of religious courts

 

Cancelled

 

 

156. Cancellations

 

 

157. Transition instructions

 

Cancelled

 

 

158. Law of previous wills

 

Cancelled

 

 

159. Pending proceedings

 

Cancelled

 

 

160. Execution and regulations

 

Cancelled

 

 

Hebrew

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