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INHERITANCE LAW


Drafting of ordinary and reciprocal wills, lasting power of attorney, obtaining an Inheritance Order or Probate Order and related proceedings


We offer simple legal solutions to complex problems.

DRAWING UP A WILL IN ISRAEL

According to the law, each person can prepare and make a will.

However, the preparation of a will by a lawyer is preferable in order to ensure the validity of the will and the will of the testator after his death, as well as to avoid ambiguity and errors in the wording.

In addition, the preparation of a will by a lawyer will allow the heirs to avoid a dispute in interpretation and a possible future conflict.

After drawing up the will the testator has the right to deposit it with the registrar's office for inheritance cases. This gives him confidence that after his death his will would be fulfilled and his property would be passed to the one he has chosen.

Note that the deposit of a will in the Office of the Registrar for Inheritance Cases by a lawyer is impossible because this is a personal action that, in accordance with the law, must be done by the testator himself.

In cases when both spouses are testators, a mutual will (tsavaa hadadit) is provided. In the case of a mutual will being drawn up in the same document, both spouses must report together at the Registrar's offices on inheritance issues.

Our office specializes in family law and has extensive experience in writing and executing wills.
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OBTAINING INHERITANCE ORDER OR PROBATE ORDER
Drafting of ordinary and reciprocal wills, lasting power of attorney, obtaining an Inheritance Order or Probate Order and related proceedings issues of registration of inheritance and receipt of Orders on will and inheritance in Israel.

After the death of the testator, a request for the issuance of a Probate Order is submitted to the Office of the Registrar for Inheritance. Such a request is submitted by the heirs defined in the will itself. The Probate Order is essential to give effect to the will.

Within this framework, the Registrar of Inheritance reviews whether the will has been deposited and orders accordingly. A request for a Probate Order involves the payment of two fees.

In the event of the death of the testator and in the absence of a request for the issuance of the Probate Order within three months from the date of death, the registrar notifies of the existence of the will of the heirs specified in the text of the will.

The process of issuing a Probate Order involves submitting a written or online application and, in addition, requires an official publication that provides an opportunity to object to the Will Order.

In the event that the testator has not left behind a will, or the will does not indicate all the property of the deceased, a request also have to be made for the issuance of an Inheritance Order of the property of the deceased, in whole or in part, depending on the circumstances.

Submission of an application for a Probate Order or an Inheritance Order by a lawyer helps to avoid mistakes or delays and to prevent further dispute situations.

Our office specializes in family law, obtaining both Probate Orders and Inheritance Orders, which guarantees prompt and effective compliance with the testator's will.
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LASTING POWER OF ATTORNEY
A lasting power of attorney is a legal document that allows a person over the age of 18 to appoint an agent (usually one or more relatives) who can make decisions for him in the future if he can no longer do so himself.

An agent is responsible for caring for the welfare of the principal. He will be able to make decisions on behalf of the principal, after the principal himself not sui juris, in accordance with his wishes and requests. This means that lasting power of attorney does not lose its legal validity when the commissioner loses his fitness.

A lasting power of attorney can regulate personal, property and medical issues, all or part of them. The regulation of medical issues only will be done with a power of attorney for medical treatment.

It is important to know that the lasting power of attorney also allows the principal to define the supervisors (people to which the agent will have to report to) to assure the agent is not abusing its status.

We emphasize that as long as the principal is legally competent, he can change the lasting power of attorney at any stage by depositing or revoking a new lasting power of attorney.

There is no doubt that the lasting power of attorney is of great importance to the fate and continuation of the principal's life and an extremely important legal instrument.

The lasting power of attorney may be conducted only by a lawyer who has undergone special training and has been authorized to do so by the General Guardian, and who has no personal interest in the power of attorney.
Our office specializes in compilation of a lasting power of attorney and helps our clients formulate and, if necessary, translate it.
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EVGENIYA PHILIPPENKO
Law Office
Ramat Gan, Israel

Email: esfilippenko@gmail.com
Tel: +972 54 7335660
Fax: +972 77 3183265

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