Inheritance/Wills

No! As long as what your wife inherits remains registered solely in her name,whether  it is real estate, or money, you have no rights in it, unless the money (or proceeds of sale of real estate) is  deposited or invested in a joint account. If it is, then it becomes joint property. Under Israeli law property gained by inheritance does not become joint property between spouses.

Yes! The practice of having a full and unedited video recording of a signing of a will is becoming more acceptable in Israel and can certainly save lengthy and costly legal battles later on. The recording is made by a neutral,3rd party specialist who gives a supporting affidavit. Both of these,plus supplementary oral testimony,if necessary,are admissable as evidence in estate cases and allow the court to form its own impressions about the testator's mental state and true wishes when he/she made the will.

In Civil Appeal Case 6198/95,Judge Beinish, stated that technological advances can help considerably in proof stage of inheritance cases and gave a reserved recommendation recommend about the practice of videorecording the signing of wills.

Yes !If your grandmother made a valid will, then her property would be divided up according to its provisions. If she did not make a vaid will, then her estate would be divided up according to the terms of the 1965 Inheritance will.  If you are an only child, you would step into your late father's shoes,and inherit his share,so applying the law to the information you give, your late grandmother's estate would be divided equally between you and your aunt,so you stand to inherit half.

Assuming that one of the beneficiaries under the will has already applied for a probate order for the will  to be enforced at the Inheritance Registrar, once objection is filed there, the case will automatically be transferred to the family court, where full legal proceedings will take place.

Within these legal proceedings the family court will decide whether the will is valid or not i.e. whether it fulfils the substantive and procedural provisions of the inheritance law, and whether your father, the testator, had the necessary legal capacity to make a will at the time, and was free from any undue influence, etc, and whether it represented his last wishes. It wiil consider evidence, both written and oral, including testimony of witnesses.

If the family court upholds the will, despite the objections of one of your siblings, your late father's estate will be divided according to its instructions. If not, it will be divided according to the Inheritance Law of 1965. The court can uphold part of the will,rather than the whole document, so that the estate can be divided up partly according to will, and partly according to law.

A will professionally drafted and signed in front of two, independent witnesses. Many people choose to get a lawyer draft a will ,after getting legal advice about  how to express their wishes about the fate of their property after they die in legal terms, taking into account various scenarios. Often the will is signed by two lawyers, who can give testimony in court, if needed. Where the person concerned is elderly, it may be advisable for a doctor to see him/her close to the time he/she is due to sign the will, so that a medical record can be made concerning his/her legal capacity to make a will.

If you die while still formally married , without  making a will, then your wife, as well as your children, will be your heirs. A married spouse's estate is shared between his spouse and his children, if he has not made a will, even if he is in the proces of divorce. To prevent this, you should  make a will as soon as possible. You can bequeath your estate to whoever you wish and it is advisable to explicitly state that you do not want to leave your wife anything, and state why.

Yes! This is very important if there are competing wills, as the last valid will is the one that counts. The date should be the date it was signed, not drafted.

You are not required to by law, but it is advisable to do so, to erase any doubt about unsigned pages being swopped, if you only sign the last page. Signing each page reduces the chances of the will being challenged when probate is applied for.

Yes, to show that you had made up your mind about it. Otherwise it could be a draft.

Yes - possibly on the grounds of undue influence if your aunt was dependent on her caregiver,  her health was poorly, and she was lonely and isolated.

No! An illegitimate child , known as a 'Mamzer' (or bastard) in Jewish law

Yes, there is no discrimination between an adopted and a non-adopted child, regarding their right to inherit from the adoptive parents.

Yes, your son can inherit from his father, if he or she is born within 300 days of your late husband's death.