Are Foreign Wills Valid in Israel? A Complete Guide

The Legal Framework: Which Law Governs?

When a foreign national (or an Israeli expatriate) dies with assets in Israel, the question of which country's law governs the validity of their will is determined by Israeli private international law, as codified in the Israeli Inheritance Law of 1965.

Under Israeli law, a will is valid in Israel if it complies with the formal requirements of any one of the following:

• The law of the country where the will was made (lex loci actus)
• The law of the country where the testator was domiciled at the time of making the will
• The law of the country where the testator was domiciled at the time of death
• Israeli law (the Israeli Inheritance Law of 1965)

This is a relatively generous standard — a will that is formally valid under US, UK, Australian, Canadian, French, or other law will generally also be formally valid for Israeli purposes, provided it meets at least one of the above criteria.

Requirements Under Israeli Law for a Valid Will

If your will is to be judged by Israeli law (or if you want to ensure it meets Israeli standards), the Israeli Inheritance Law of 1965 recognizes four types of wills:

1. Witnessed Will (Most Common)

The most common type. Requirements:

• Written and signed by the testator
• Signed in the presence of two witnesses simultaneously
• Witnesses must sign the will in the testator's presence
• Witnesses cannot be beneficiaries under the will (or the bequest to them is void)
• Witnesses must be of legal age and mental capacity

2. Holographic Will

A will that is entirely handwritten and signed by the testator — no witnesses required. However:

• The entire will must be in the testator's own handwriting
• No typed portions are permitted
• Must be dated

3. Will Before Witnesses (Oral Will)

An oral declaration made before two witnesses in circumstances of near-death, where the testator could not write. Very limited use in modern practice.

4. Will Before an Authority

A will made before certain authorized Israeli officials, including a judge, registrar, notary, or religious court official.

The Process for Recognizing a Foreign Will in Israel

Even if your foreign will is formally valid under the above rules, it is not automatically enforceable in Israel. You must obtain a formal Israeli recognition — either a probate order (tzav kiyum tzava'ah) or, if the will is contested or complex, a court judgment.

The process:

1. Obtain the original will or an authenticated copy
2. Have the will translated into Hebrew by a certified translator
3. Apostille the will if it was made abroad (to authenticate its validity)
4. File an application with the Israeli Registrar of Inheritance Affairs or Family Court
5. Obtain the probate order — this is the document that formally validates the will in Israel

Common Problems with Foreign Wills in Israel

Witness Problems

The most common invalidity issue. Many countries allow beneficiaries to witness wills — Israel does not. If a beneficiary signed as a witness, their bequest under the will is void under Israeli law (even if the will is otherwise valid).

Missing Israeli Assets

Many people make a general will in their home country that covers all their worldwide assets. This works, but you must specifically address it with your Israeli attorney to ensure Israeli assets are properly dealt with.

Conflicting Wills

If the deceased made multiple wills in different countries, determining which is the most recent and how they interact can be complex.

No Will at All

If the deceased had no valid will covering their Israeli assets, the estate is distributed under Israeli intestacy law (Section 10 of the Israeli Inheritance Law of 1965).

Practical Recommendations

If you have Israeli assets, you should consider making a separate Israeli will (or ensuring your existing will is valid in Israel) as part of your estate planning. An Israeli will, drafted by an Israeli attorney and executed properly under Israeli law, eliminates ambiguity and typically makes the probate process faster and cheaper.

If you have already inherited under a foreign will, you need an Israeli attorney to apply for a probate order — the foreign will alone is not sufficient to transfer assets.

Act quickly. While there is no strict time limit, delays in obtaining probate can result in practical complications with Israeli banks and the Land Registry.