Inheritance Without a Will: How a Common-Law Partner Can Prove Couple Status in Israel
In Israel, an unmarried partner may inherit by law, but a shared address or a long-term relationship alone is not a substitute for evidence. The key question is whether it is possible to prove a shared family life and household specifically at the time of the partner’s death.
- •1965 — the Inheritance Law was enacted
- •Section 55 — inheritance rights of common-law partners
- •Section 67 — objection by an interested person
- •Since 1998, most applications have been handled by the Registrar of Inheritance Affairs
- •24/7 — the Registrar’s automated information line at *2416
When an Unmarried Partner Is Considered an Heir
The main rules are established by the Inheritance Law, 1965. Section 55 gives a recognized common-law partner the same inheritance status as a married spouse; the Supreme Court confirmed this approach in case 1717/98. It is necessary to prove a shared family life and the maintenance of a common household, as well as that neither partner was married to another person at the time of death. Because this concerns inheritance without a will, the applicant must prove not merely a romantic relationship, but an established de facto family union.
What Exactly Must Be Proven
There is no single common-law partner certificate that automatically resolves an inheritance dispute: status is determined according to the circumstances of the specific couple. The examination focuses on a shared family life, a common household, and the parties’ situation on the date of death. Documents and testimony should therefore be selected to show the overall picture of the relationship rather than one isolated fact. Case 3323/23 specifically discussed whether a common household had been proven and criticized a conclusion based practically on a single piece of evidence. A practical mistake is to assume that a statement about a long-term relationship is sufficient, especially if the deceased’s relatives describe the relationship differently.
How to Obtain an Inheritance Order
If there is no will, one of the presumed heirs by law may submit an application for an inheritance order to the Registrar of Inheritance Affairs. The government service provides for online filing; if the deceased resided in Israel at the time of death, it is possible to request at the same time that the order be registered with the authority responsible for registering real estate rights. An inheritance order determines who the heirs are and the share of each, but it does not itself list all of the deceased’s assets. According to the government guide, banks and other holders of information about assets usually disclose it only after the order is presented. The estate may not be distributed before the order is obtained.
Who May Object to the Partner’s Status
In practice, objections most often come from children, parents, brothers, sisters, or other persons whose inheritance share would be reduced if the common-law partner were recognized. They may dispute cohabitation or the existence of a common household, or claim that the relationship ended before the death. Section 67 of the Inheritance Law uses the term “any interested person.” In HCJ 8550/06, the Supreme Court explained, in the context of an objection to the probate of a will, that the circle of interested persons is broader than the direct heirs and may include a person with an indirect financial interest, including an heir’s creditor. The dispute is therefore not always limited solely to relatives and the surviving partner.
What Is Included in the Estate and What Is Examined Separately
The estate may include rights in an apartment, a vehicle, money in bank accounts, a business, and the deceased’s debts. At the same time, the government guide emphasizes that payments from pension funds, provident funds, and insurance policies are generally not considered part of the estate. Designated beneficiaries and separate rules of the relevant fund or policy may apply to them. It is a mistake to obtain an inheritance order and assume that it automatically grants entitlement to every insurance or pension payment.
FAQ
Is a shared address sufficient to receive an inheritance?
No, a shared address alone does not prove the entire required status. The totality of the circumstances is examined: a shared family life, a common household, and the situation at the time of death.
Can I submit an application if the relatives do not recognize me as the deceased’s partner?
Yes, a presumed heir by law may apply for an inheritance order. However, relatives or other interested persons may submit objections, after which the couple’s status will become the subject of an evidentiary dispute.
What is issued when there is no will?
An inheritance order, rather than a probate order, should be requested. It officially determines the heirs by law and their shares in the estate.
Can I apply to a religious court instead of the Registrar?
The law permits a religious court to issue an inheritance order. Under Section 155 of the Inheritance Law, its jurisdiction requires the written consent of all parties concerned.
Are pension savings and insurance included in the estate?
As a rule, payments from pension funds, provident funds, and insurance policies are not part of the estate. Entitlement to them must be examined separately according to the fund’s records, the policy terms, and the designated beneficiaries.
What to do next
First, verify that there is indeed no will and collect materials showing a shared family life and common household on the date of death. Then identify all potential heirs and submit an application for an inheritance order through the Registrar’s service, without concealing a potential dispute. If objections have already been submitted, it is useful to organize separately the facts concerning the relationship, the composition of the assets, and payments that may fall outside the estate.
Sources
- Guide for Heirs of a Deceased Person Who Did Not Leave a Will — Ministry of Justice
- Application for an Inheritance Order — Registrar of Inheritance Affairs
- Supreme Court Decision in Case 1717/98 Concerning Section 55 of the Inheritance Law
- Supreme Court Decision in Case 3323/23 Concerning a Common Household
- HCJ 8550/06 Decision Concerning the Circle of Interested Persons
Find a lawyer for this topic
- Lawyers: Семейное право
- Lawyers in Тель-Авив
- Lawyers in Иерусалим
- Lawyers in Хайфа
- Lawyers in Ришон ле-Цион
Read also
- Bought a Home? When Purchase Tax Drops—and Why the 30-Day Deadline Matters7 min read
- Your Payslip Shows “Global Overtime”: Are Your Actual Hours Still Underpaid?7 min read
- Signed a Home Purchase Memorandum: Can You Back Out Without Paying?7 min read
- Fired Without a Real Hearing: Reinstatement or Compensation?6 min read