Israeli Inheritance and Estate Law

Advocate Harvey Weinberg – the only lawyer licensed to practice in both Canada and Israel – has written over a hundred legal opinions on varying topics in Israeli law, which have been presented to the Israeli courts. He is registered both with the Law Society in Israel and with the Canadian Embassy in Israel as being qualified to provide legal opinions relating to Canadian law. This makes him an outstanding choice for private clients seeking legal services in this area.

Inheritance – Helping Clients Navigate the Canadian and Israeli Systems

The laws governing inheritance in Israel and Canada are very different. The guidance of an expert in both Israeli and Canadian law is vital to ensuring that a Will is legally binding, and that assets are distributed to the beneficiaries as intended and in accordance with the relevant law. This is important for the clients, but is also a requirement of the Courts. In cases where the Deceased and/or any of the heirs are in any way connected to Canada and there is a bequest of any kind of property that is located in Israel, the Israeli court system requires a legal opinion from an expert in Canadian law.

For example, many Canadians come in contact with Israeli inheritance laws when a relative passes away and, in their Will, bequeaths to them either personal property situated in Israel – such as money in a bank account, stocks, etc. – or Israeli real estate – such as vacant land, an apartment, or a house. Alternatively, a Canadian individual may encounter these laws if his/her relative dies intestate (without a Will) and he is one of the heirs in accordance with the relevant law.

Probate Issues – Israeli and Canadian Considerations

When the Deceased leaves a Will, Israeli law requires that an Order of Probate be issued either by the Registrar of Inheritance, the Family Court or the Rabbinical Court. An Order of Probate is required in order to divide the estate of the Deceased among the heirs listed in the Will.  In order to probate the Will (whether the Will was executed in Israel or abroad), where the Will and/or the heirs are in any way connected to Canada, the Israeli court will require a legal opinion from an expert in Canadian law. This expert opinion is necessary in order to attest to the fact that the Will is binding and in accordance with the laws of the Province in which the Will was executed or where the Deceased individual was ordinarily resident at the time of his/her death.

When the Deceased dies without a Will, Israeli law requires that an Order of Inheritance be issued in place of an Order of Probate. An Order of Inheritance is required in order to divide the estate of the Deceased among the lawful heirs. This process also requires a legal opinion from an expert in Canadian law.

Advocate Weinberg’s Inheritance and Estate Law expertise includes the following areas: