Legal Question in Wills and Trusts in Israel

Re: Real Property in Israel Procedure for probate

Contact the nearest Israeli consulate for information. There is one in Houston, Texas. They should be able to tell you what you need to know.

Re: Real Property in Israel Procedure for probate

Hi Dana,

The following is a short reply which may not cover all issues, it is advised to seek counsel as there may be additional matters to be taken into account. In general, Israeli probate law accepts lasts wills which were made in accordance with to law at the place they were made i.e. if the will is made in the US in accordance with the local and federal laws that may apply, then it will also be acceptable in Israel. However, should you wish to be on the safe side it is advised to have the will reviewed by an Israeli attorney to make sure that it meets the formal requirements. Practically, the last will should better address the property in Israel in general, and then also specify the real estate in question adn determine who inherits it. The real estate should be clearly defined (adress, parcel etc..). Please note that whereas in Israel there are different kinds of "ownerships" of real estate, it is advised to gather all documentation to prove the right and title in the real estate and to make sure that the deceased identifies himself in the will also in the same way his rights in the real estate are registered i.e passport, ID, SSN etc. Another matter which should be mentioned is that enforcing the last will and testament will require a probate procedure in Israel in respect to the property located in Israel, therefore it is advised that in case were there are trusts or other estate plannings, the Israeli part should be simple and clear and as spearate as possible from the other property (tax planning through trusts is usually not neccessary from the Israeli point of view because the inheritance tax has been abolished), this is because trusts and other mechanism's known may invoke the interference of the general receiver/attorney general which may disturb the procedure. I hope the above has provided you with some initial information.

Best regards,

Amos Hacmun, Adv.

Heskia - Hacmun, Law Firm

Azrieli center, Tel-Aviv 67023

The Triangular Tower

Tel: +972-3-5299933 Fax: +972-3-5299944

email: [email protected]