Why make a will,even when it feels too early

In the past, only older people tended to make a will. Today it is clear there is no right age for one, and those who understand why it matters look after their loved ones in good time. This article explains what happens without a will, and why it is worth taking the time to make a will even when it feels too early.

What happens without a will?

Many people do not know what Israel's Succession Law provides, or that a will can set a different division among the people they care about.

When someone dies without a will, the estate is divided under the Succession Law, not necessarily the way that person would have wanted. For example, when someone who is married or in a recognised common-law relationship dies without a will, the estate is broadly divided like this:

• Half to the spouse or partner.
• Half to the children.

A will can, of course, set any other division the person chooses. For example, leaving the house to the spouse, dividing differently between the children, or leaving part of the estate to someone else.

A mutual will between spouses

Spouses can make a mutual will. Such a will can, for example, leave everything to the surviving spouse, and only after that spouse dies, to the children.

This kind of will prevents, for example, a situation in which one of the children wants to realise their inheritance and sell the house while one of the parents still wants to live in it. The surviving spouse can stay in their home with peace of mind.

Spouses in divorce proceedings

Another situation to consider: spouses in the middle of divorce proceedings. If they have not yet divorced and have not made wills, the law may still treat them as married. In that case each of them may inherit half of the other's estate, even though that may well not be what they want. So it is worth thinking about a will at the start of the process, not only at the end.

There is no right age

A will is not only for later in life. It matters to anyone who has assets, a family, or people they want to look after. For example:

• Couples with children who want to decide what happens to the house.
• Couples who are not married.
• Anyone going through a divorce.
• Anyone who wants to leave something to a person who would not inherit by law.

What to think about before making a will

Before meeting the lawyer, it helps to get organised and think about a few questions:

• What you own: a flat, savings, bank accounts, a business.
• Who you want to inherit, and in what shares.
• Whether there is a specific asset you want to leave to a specific person.
• Whether there are children from a previous relationship, or a partner you are not married to.
• Who will make sure the will is carried out as you wish.

You do not need ready answers to every question. They are a starting point for the conversation, and help make sure the will covers the situations that matter to you.

A will reflects your wishes

The purpose of a will is simple: your estate passes on according to your wishes. These situations, and others like them, can be resolved simply with a will that reflects what the person wants.

Israeli law recognises several forms of will, such as a handwritten will, a will made before witnesses, and a will made before an authority or a notary. The differences are explained in the article on notarial wills.

In short

A will is a way to look after your loved ones and to avoid situations where the legal division is not what you wanted. It is worth making one in good time, while there is time to think through every situation calmly. And when life changes, for example through marriage, divorce or the birth of a child, it is worth checking that the will still reflects your wishes.

This article is general information, not legal advice. For advice on your situation, contact the office.