Family and Inheritance LawWhen inheritance by law applies
Inheritance by law is the division set by the Inheritance Law, 5725-1965 when no will was left, and also for any part of the estate that the will does not cover. The law provides that inheritance is by law, except to the extent that it is by will. So if a will was left, this calculator is not suitable, and you can read about the will itself on the page about Probate order.
The order of heirs under the law
Section 10 of the law lists the heirs: the spouse and the relatives of the deceased. Section 12 sets the order among them. Each group inherits only if there are no heirs from the group before it, and the spouse inherits alongside each of them:
- Children and their descendantsThe children share equally, and if a child died before the deceased and left children, those children take that child's place.
- Parents and their descendantsIf there are no children or grandchildren: the parents share equally. If a parent has died, that parent's children (the siblings of the deceased) take the parent's place.
- Grandparents and their descendantsIf there are also no parents or siblings: the grandparents, and after them their descendants, such as uncles, aunts and cousins.
- The StateIf no heir remains, the State inherits. This is set by section 17.
How much a spouse inherits
Section 11 provides that the spouse first takes the movables of the joint household, including a passenger car. Of the rest of the estate, the spouse's share depends on who else remains:
If children or their descendants, or parents, remain.
If siblings or their descendants, or grandparents, remain.
If none of these relatives remain.
The apartment. The two-thirds group has an additional rule: a spouse who was married to the deceased for three years or more and lived with them in an apartment that is part of the estate takes the deceased's entire share in the apartment, plus two-thirds of what remains. This rule does not apply when there are children or parents, so the calculator asks about it only when it is relevant.
Who inherits in place of someone who has died
Under section 14, the child of a relative who died before the deceased inherits in that relative's place, and children who inherit this way share equally what their parent would have received. Three situations worth knowing:
- Siblings take the place of the deceased parent
- A full sibling takes part in both the father's share and the mother's share
- A half-sibling takes part only in the share of the shared parent
- A spouse and one parent remain alive
- The spouse takes half
- The parent takes the other half
In this situation the siblings do not take the place of the deceased parent, according to the end of section 14(a).
A deceased parent who left no other children drops out of the calculation, and the other side receives everything. The calculator works this way in practice too: try two deceased parents and a half-sibling only.
What the calculator does not check
The calculator applies the general rules of the chapter on inheritance by law. Here are matters that can change the picture and are therefore examined individually:
Common-law couples
Section 55 sets a separate rule for partners who lived a family life in a joint household and were not married to anyone else. The conditions must be examined case by case.
Ketubah (Marriage Contract)
Under section 11(c), what a spouse is owed by virtue of the marital relationship, including a ketubah, is deducted from their share of the estate.
Property relations
What a spouse is owed under the Spouses (Property Relations) Law or under a financial agreement is not deducted from their share, and this can affect the size of the estate itself.
Maintenance from the estate
A spouse, children or parents who need maintenance may be entitled to it from the estate, under chapter four of the law.
Renunciation and disqualification
An heir who renounced their share or was found disqualified from inheriting changes the calculation, under sections 14 and 15.
Further generations
The calculator counts grandchildren, nephews and nieces. A great-grandchild in place of a deceased grandchild, or an adopted child in a complex situation, is examined at a meeting.
From the calculation to an inheritance order
The calculator gives a preliminary picture only. The heirs' shares are actually determined in anInheritance order, for which an application is filed with the The Registrar of Inheritance Affairs. After the order, the heirs can also agree among themselves on a division of the assets themselves, so it is worth discussing this before deciding. Anyone who wants their property divided differently from the law needs a will: the office drafts wills by prior appointment, and on Depositing a will there is a guide on the website.
- Contact us by WhatsApp or phoneJust write one sentence about what it concerns, to the phone number 054-668-0699.
- A meeting at the office in Ramat Gan, by prior appointmentBring the documents you have about the family and the property, and a list of questions.
- An explanation of the way forwardWho the heirs are in your case, which application to file, and what the next step is.
Frequently asked questions about inheritance by law
What is inheritance by law?
This is the division set by the Inheritance Law when there is no will, or for any part of the estate that the will does not cover. The law determines who the heirs are, in what order, and the share of each.
How is an inheritance divided between a spouse and children when there is no will?
The spouse takes the household movables, including a passenger car, and half of the rest of the estate. The children share the other half equally. If a child died before the deceased and left children, those children take that child's place.
Does a spouse inherit the entire apartment?
Not always. Under section 11(a)(2), a spouse who was married to the deceased for three years or more and lived with them in an apartment that is part of the estate takes the deceased's entire share in the apartment, but only when inheriting alongside siblings or their descendants, or grandparents. Alongside children or parents, the apartment is included in the regular division.
What happens if there are no children and no spouse?
The estate passes to the parents of the deceased in equal shares. If a parent has died, that parent's children, who are the siblings of the deceased, take the parent's place. If none of them remain either, the estate passes to the grandparents and their descendants, and if there is no heir at all, the State inherits.
Does a half-sibling inherit the same as a full sibling?
No. Siblings inherit in place of the deceased parent, so a half-sibling receives only from the share of the shared parent, while a full sibling receives from both the father's share and the mother's share.
Do common-law partners inherit like married spouses?
Section 55 of the law provides that where a man and a woman lived a family life in a joint household, were not married to each other, and at the time of death neither was married to someone else, the survivor is treated as if the deceased had bequeathed to them what they would have received had they been married. This applies when the will contains no other instruction, and the conditions are examined case by case.
Is the calculator's result binding?
No. The calculator provides general information according to the wording of the law. The shares are determined in an inheritance order, and matters such as a ketubah, a financial agreement, debts or an heir's renunciation can change the calculation.
How do I continue from here with the office?
With a personal meeting at the office in Ramat Gan, by appointment. You can schedule one via WhatsApp or by phone at 054-668-0699.
The information on this page and in the calculator is general, based on the wording of the Inheritance Law, and does not constitute legal advice. Each case is examined according to the circumstances of the family itself.