What to do If a person has not left a will in Israel, Are distant Israeli heirs entitled to receive an Israeli Succession order and become heirs under the Inheritance Law in Israel?

A compelling case that discussed an interesting question, and one of the questions at hand, was that the respondents are the heirs of a person who immigrated from Poland, died in Israel without children In Israel, and left no will in Israel or outside Israel.

An inheritance probate order in Israel issued by the Registrar of Inheritances in Israel distributed half of his estate to relatives on his father's side and left the other half in the appellant's management for the benefit of relatives on the part of his unknown mother.

After about thirty years, in which no relatives were found on the mother's side, the respondents asked the District Court In Israel, during the administration of inheritance law in Israel, to declare that there were no relatives left on the mother's side in Israel and that the balance of the estate should be divided between the heirs in Israel.

The Israeli district court granted the motion. The appellant contends that it must be positively proved in Israel that there are no additional heirs left, and until then, the Israeli estate should not be divided. 

The Supreme Court in Israel ruled that case according to the Succession Law in Israel, a person who claims a right of Israel inheritance does not fulfill his duty by proving his family closeness to the testator in Israel under the Israeli Inheritance Law, but must also bring evidence That there are no other heirs than in the State of Israel or outside Israel in the case of Israel heirs living abroad, or the heirs must bring evidence according to the Law of evidence in Israel, what is the part of the Israel inheritance to which the heirs are entitled under Israeli Law.

Should an heir in Israel bring proof that he is the heir according to the Law of Inheritance 1965 in Israel

According to the Israel Succession cases law of the Supreme Court of the State of Israel and the Inheritance Law, 1965, which states that a declaration that the heir is not aware of the existence of other Israel heirs is not sufficient to win the entire inheritance in Israel.

This requirement is based on the principle, And his evidence is incomplete if he does not show that there are no heirs by Law under Israeli Law who preceded him or who are entitled to inherit with him in Israel and According to the Law of Inheritance and Succession law in Israel, it is the responsibility of the heirs in Israel who think they are entitled to an Israeli inheritance according to the Law.

In addition, it is important to emphasize that it is necessary to ensure the division of the Israeli estate in accordance with the criteria set forth in the Law of Succession in Israel as accurately as possible. The application of this consideration is complex:

On the one hand, it leads to the need to carefully and correctly examine the Israeli system of heirs under the Inheritance Law in Israel, which exists in order not to divide the estate contrary to the provisions of the Inheritance Law, 1965.

On the other hand, standard My overly rigid view regarding the proof of the system of heirs may also prevent the proper division of the estate of the heirs in Israel, thus thwarting the purpose of the Inheritance by Law.

It is important to note that non-compliance with sufficient evidentiary requirements under the Evidence Law of the State of Israel, which will serve as a basis for issuing an inheritance order in Israel to the Registrar of Inheritance under the Inheritance Law system, maybe lead to dire consequences. In Israel or through the court in Israel, while heirs appear whose share in the estate was not given to them.

Is it necessary to prove family ties to an Israeli heir, in order to obtain an Israel inheritance order according to Law in the State of Israel

If the heir who wishes to receive an inheritance in Israel will be able to prove in positive evidence at the level of evidence required in civil Law under Israeli Law, which is the Inheritance Law 1965, that there are no other relatives entitled to inheritance in Israel, then he is of course obliged.

The problem is that in many cases, this is not possible due to the great difficulty of proving that a certain person does not exist. The Israeli was prepared to conclude the non-existence of other relatives probabilisticaly since this is not a trivial burden of proof.

An heir in Israel who cannot prove that he is an heir in Israel according to the Law of Inheritance and Estate law in Israel

We are here trying to explain that, according to the rule of the Supreme Court in Israel, which states that the approach should not be accepted that a significant and comprehensive effort to locate additional relatives is not enough in Israel.

Findings must always be based on the deceased's heirs in Israel. To order the division of the entire Israel estate to heirs according to the Inheritance Law in Israel - the Inheritance Law, 1965. Such a burden is too high and, in many cases, can not be met, which denies it according to the Law of Inheritance in Israel.

It is important to note that the Jerusalem Supreme Court, located in the State of Israel, has often ruled that the test of "reasonable diligence" must be adopted to establish the map of the heirs of the deceased in Israel, whose existence leaves the existing heirs by their evidentiary duty, and they will be entitled to full division, Located in the State of Israel according to the Israeli Succession and Inheritance Law.

Therefore in the circumstances of the article here, is the answer to the question of when it can be said that the diligence in locating potential heirs is diligence and reasonable according to the rule of the Supreme Court in Israel is not uniform but varies in the circumstances of each case, and It all depends on the map of the heirs in the existing in Israel and the possible sources for locating them in Israel or outside Israel. For example, check whether most Jewish and Israeli heirs live in Europe or the United States of America.

It should be noted that the likelihood of diligence will be affected by the length of time the effort is made and its seriousness. It will also be affected by the length of time that has passed since the Israeli deceased died in or outside of Israel, and no contact has been made with other potential relatives. The likelihood of the effort will also be a function of the size of the estate located in Israel. 

The scope of the search and the effort while at stake are very considerable sums of money in Israel or outside of Israel of the testator should be more significant relative to the situation in the case of an estate whose share of assets is not so large, meaning that as many assets of the testator are in his name in Israel or abroad, an effort must be made to locate the heirs and the burden is on the claimant. In the state of Israel.

Therefore, it is clear to us that according to the Law of inheritance in the State of Israel, reasonable diligence should have the potential to be effective, so sometimes it should include contacting foreign countries such as Europe or the United States and especially in large cities like Los Angeles, New York, Florida To live heirs to locate them.

The advertising tool should also be considered as a tool that can serve the purpose of locating potential heirs in Israel and outside the State of Israel. Therefore, when you want to receive an inheritance order and before issuing the order from the Registrar of Inheritances in Israel, a public publication procedure must be taken to locate additional heirs, and the court in Israel must decide on this matter in the event of a dispute with the inheritance order in Israel.

An Israeli testator who did not leave a will in Israel after his death according to the Israeli Succession Law and Israeli Inheritance Law, 1965

Heirs of the family - heirs by Israeli Succession of Law 1965

The deceased passed away without leaving a will, the question may arise, and the need to divide his estate according to the provisions of the Inheritance Law, 1965, when the Israeli Inheritance Law deals with inheritance by Law, and thus the Israeli Inheritance Law stipulates in section 10 of the Law The inheritance Who are family members according to the Law in the State of Israel will be:

1. a person who was at the death of the testator's spouse;

2. The children of the testator and their descendants, his parents and descendants, the parents of his parents and their descendants (in this Law - relatives of the testator) "

The Israeli Inheritance Law establishes the priority among the heirs according to Law. In other words, all the children of the testator precede his parents, and his parents precede his parents' parents, "according to section 12 of the Israeli Inheritance Law. To this must also be added the entry of the successors of the Israeli heir in his shoes under section 14 of the Inheritance Law in Israel.

Therefore, according to the Israeli Inheritance and Estate Law, and in order to determine exactly how the estate is divided in Israel, the order of the deceased's relatives and the order of death of his relatives must be established in order to find out which relatives can inherit the inheritance with the priority. On others, and what will be the proportion of their share in the estate.

What should be stated in the application for an Israeli Probate order submitted to the Registrar of Inheritances in Israel in accordance with the Succession order

Therefore, the basic question asked in the circumstances of the case is always the issue of the evidentiary burden necessary to establish the system of heirs by Law under the Inheritance Law in the State of Israel, therefore according to Regulation 14 of the Inheritance Regulations, 1998, the applicant for an inheritance order Israel, the heirs of the deceased must be specified in his application, and if any of them dies his heirs.

An applicant who submits an application for an inheritance order in Israel, if the heirs are the sole heirs or if a certain or unknown heir is alive, must declare this in his application.

It should be noted that the regulations and probate process in Israel recognize the possibility of issuing an inheritance order also on the part of the estate in Israel based on the application submitted on behalf of the heir (Regulation 25 of the Inheritance Regulations).

Whether the heir can inherit on the basis of a claim that he is unaware of the existence of other heirs in Israel or outside Israel, the court of the State of Israel has ruled that such a statement, as such, is not sufficient.

The evidentiary rule guiding the issue has often been clarified in the inheritance courts in Israel, as a claimant's right to inherit in Israel does not go beyond his duty by proving his family closeness to the Israeli testator but must also bring evidence that no other heirs in Israel or outside Israel, other than In the inheritance of the deceased who deserves it.

It should be noted that this requirement is based on the principle that the plaintiff in inheritance law in Israel claims a right of inheritance, the duty to prove it, and the proof that there are no heirs under Israeli Law prior to it or who are entitled to inherit with him under the Inheritance Law and the Estate Law.

The required Evidence in The probate process in Israel

Determining the nature of the evidentiary burden imposed on the claimant for eligibility for inheritance should take consider the purposes that Israeli inheritance law comes to achieve. These purposes are closely related to the social values ​​that underlie the institution of inheritance according to the Law in the State of Israel.

One of the main values ​​in the context before us is the fulfillment of the testator's presumed will to leave an inheritance and real estate in the State of Israel, according to which his property will be divided among his relatives.

It should be emphasized that alongside the consideration of the fulfillment of the testator's presumed will, the consideration of the heirs' right to inherit in Israel must be added. This consideration has two faces: On one side stands the existing heirs who claim their share in the estate located in Israel. On the other side are the potential heirs whose existence is uncertain.

Important topics of evidence in Israel inheritance and Succession law cases - probate procedure in Israel

Therefore, improper division of the estate located in the State of Israel, without their knowledge and ignoring their existence, may expose the heirs associated with the inheritance in Israel to a fait accompli that the estate assets will be used so that they can not enjoy them. This consideration is closely related to the need to maintain the stability of the inheritance order issued by the Registrar of Inheritances in Israel, the Rules of Procedure in Inheritance Matters, 1965.

Failure to comply with sufficient evidentiary requirements that will serve as a basis for issuing an inheritance order in Israel may lead to dire consequences. It may give rise to the need to re-amend the inheritance order while heirs appear whose share in the estate was not given to them. Amending the inheritance order in Israel will be important so that closer heirs will receive the inheritance under the Inheritance Law in Israel.

What you need to prove in order to obtain an inheritance Israel probate order and receive the Israeli estate and assets in Israel

In order to obtain an order of succession and transfer the assets of the estate to the heirs, the evidentiary burden on which the existing heirs must meet, approx.

It is necessary to make a proper and complex balance between the purposes at hand. As part of an application for an inheritance order, two cases can arise, which of course, do not exhaust the possible range of cases in which an applicant for an inheritance order in Israel may have difficulty establishing the evidentiary basis imposed by the Inheritance Law and the case law.

The first, most obvious case is a case in which it is absolutely clear that there is a relative under the Inheritance Law in Israel who is entitled to inherit the deceased, but it is not known whether he is alive or not.

The burden of locating the heirs' map is usually placed on the heir or the administrator of the estate who manages the estate for the heirs or another person appointed by the court in an inheritance case, the burden of proving that you are the heir is a burden in Israel on the heirs themselves. And one should not look in the provisions of the Custodian General Law, 1978, a general obligation to look for potential heirs whose share of the estate he manages in the State of Israel regarding inheritance on behalf of the heirs.

In this article, we discussed options to establish the evidentiary infrastructure required in Israel to obtain an inheritance order from the Registrar of Inheritances in Israel for the entire division of assets in the estate located in Israel when there is always evidence to bring evidence. To infer their absence from the circumstances and family characteristics of the deceased who allowed his property in the State of Israel.