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U.S. LAW – Wills, Estate and Probate in Israel
When a person dies leaving a Will with regards to an asset in Israel, the legal process of wills and/or estates in Israel is probate.
Probate in Israel is the process by which a Will is proved to the satisfaction of the Israeli Inheritance Registrar or Family Court Judge to be the valid Last Will of the person who died – decedent (Here and after: “decedent”). Probate procedure in Israel (will in Israel) be completed after the Israeli Inheritance Registrar or the Family court provided an Inheritance decree.
The person making the will must be competent to do so of his or her own free will, and not under any duress or undue influence, which in this case the will is invalid.
The party which has allegations against the will has the obligation to prove with hard and convincing evidence, that the will was made under duress or undue influence or that the person making the will was incompetent. In order to prove this the party must provide the court with a medical expert opinion or testimony.
In any case, and before the Will has any legal effect, it must be admitted to probate by the Israeli Inheritance Registrar which in some cases will transfer the case to be probated by the Family Court. The process is commenced by filing the Will accompanied by a probate petition.
The Israeli Inheritance Registrar or the family court shall provide an order of probate to determine whether that will is valid or not according to the Israeli Inheritance law.
In order for a will to be valid in Israel, the will must comply by the Israeli inheritance law provisions. A will can be made in writing – will must be written fully by testator including the date to be made on in writing, and signed by testator; in front of 2 witnesses – Will must be signed by testator in the presence of at least two witnesses, including the date made on; in front of a legal authority; in case that testator is deathly ill person, will can be made verbally with accordance with the Inheritance law provisions.
Our office will be glad to assist you with the process of will and estate procedures in Israel.
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