Can a non-resident heir challenge a transfer of Israeli assets that occurred shortly before the deceased died?

Discovering that a parent or grandparent transferred most of their Israeli assets to a sibling, caregiver, or new spouse in the months before they died is a situation many non-resident heirs face — and Israeli law provides specific tools to address it. The transfer might have been a genuine gift, a manipulated one, or a testamentary act dressed as an inter vivos transfer to bypass the formalities of a will. The legal ground available depends on how the transfer was structured and what can be established about the transferor's state of mind and capacity at the time.

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Detailed Answer

Section 8 of the Succession Law 1965 addresses gifts in contemplation of death: a transfer of assets made by a person who, at the time, believed death was imminent — and which is revocable during the transferor's lifetime — is treated as a testamentary disposition rather than a completed gift. If such a transfer was not executed with the formalities of a valid will, it can be voided on the application of an aggrieved heir after death. The challenge is proving the transferor was subjectively convinced of imminent death at the moment of transfer — which typically requires medical records from Israeli treating physicians, contemporaneous correspondence, and sometimes an expert psychiatric or geriatric assessment. Non-resident heirs can initiate this application with the Israeli Family Court through an attorney acting under power of attorney; physical presence in Israel is not required for initial filings.

A second, and often more productive, avenue is challenging the underlying transaction under Sections 14–18 of the Contracts (General Part) Law 1973 — specifically on grounds of lack of legal capacity, duress, or unconscionable circumstances. If the deceased suffered from cognitive decline, dementia, or was heavily financially or emotionally dependent on the person who received the assets, the transfer may be voidable. These cases rely heavily on medical evidence from the deceased's Israeli treating physicians, which a non-resident heir typically cannot access without a court order for disclosure. Timing is critical: an interim injunction (צו מניעה זמני) preventing the recipient from selling or encumbering the transferred asset while the case proceeds should be sought immediately. Once an Israeli property or bank account passes to a third-party purchaser in good faith, recovering it becomes substantially harder — a risk explored in detail in the guide to contesting an Israeli will from abroad.

In Practice: Under Section 272 of the Civil Procedure Regulations 2018, a temporary injunction freezing the transfer of Israeli real estate can be obtained ex parte — without notifying the other side — within 24–72 hours of filing at the Family Court, upon showing a reasonable prospect of success and a real risk of irreparable harm. The applicant must post a security bond, typically NIS 20,000–50,000 depending on asset value, to compensate the respondent if the injunction is later found unjustified. The full challenge proceeding at first instance takes 18–36 months; appeals can extend that timeline by 12–24 months further.

When to Consult a Lawyer

• The transfer was made within 12 months of death and involved Israeli real estate, a bank account, or a substantial investment portfolio — these fact patterns are squarely within the Section 8 "contemplation of death" ground and warrant immediate legal assessment before the statute of limitations runs.
• The Israeli asset has already been re-sold by the recipient to a third-party purchaser, raising a bona fide purchaser defence that significantly complicates recovery and may require arguing unjust enrichment, constructive trust, or fraud as an alternative theory.
• Multiple non-resident heirs are involved who disagree on whether or how to proceed — coordinating strategy across several countries and family members, while preserving the option of legal action, requires legal management from the outset.

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Speak With an Israeli Attorney

Challenging a pre-death asset transfer requires fast action — an interim injunction must be filed before the transferred asset changes hands again — and your attorney can assess the strength of your claim and apply to court from your current country.

Contact us for a confidential initial consultation.