This section deals with jurisdiction – which court has the legal power to rule on the inheritance and what happens when there is an international dimension to a case.
Israeli Jurisdiction Over Deceased's Property
Question:
When does a court in Israel have jurisdiction to decide over the inheritance of a person who dies ?
Answer:
If that person 's domicile was Israel, or if he was not domiciled in Israel, he/she lived overseas but he/she owned property in Israel.
Where Is The Estate Dealt With in Israel ?
Question:
Where in Israel should an application for an order enforcing the distribution of a deceased’s estate be made ?
Answer:
An application for an order enforcing distribution of the estate whether by will or according to the terms of the Inheritance Law is to be made to the Inheritance Registrar in the area in which the deceased lived. If the deceased did not live in Israel but left property in Israel the application for the order should be made to the Inheritance Registrar serving the area in which the property (real estate, bank account etc ) is located. If property is left in several places, once application is made in the area relating to one item then it normally holds for the rest of the property, too.
In certain cases application must be made to the family court. If objection is filed to an application for an order to divide the estate then the case is automatically transferred from the Inheritance Registrar to the family court.
The religious court can gain jurisdiction in certain situations.
Inheritance - Active Consent Needed For Rabbinical Jurisdiction
Question:
Can anything be done to halt or reverse the division of an estate according to an order given by a religious court, or is it to late ?
Answer:
Yes ! In general jurisdiction over inheritance lies within a civil framework – either via the inheritance registrar or the family court, unless all those affected give their consent for a religious court to deal with the matter. What, however constitutes, consent – lack of objection, or positive agreement ? This question was put before the Supreme Court of Justice in 2002 when a woman claiming to be the common-law wife of the deceased petitioned there, after losing her appeal at the Greater Rabbinical Court . There she had unsuccessfully claimed that the district rabbinical court had lacked jurisdiction to grant the inheritance order dividing the deceased’s estate between her children, all of whom gave written consent to it. The Greater Rabbinical Court said that objection made after the application had been published in the press as required, and an order had been granted, was too late.
The Supreme Court of Justice, however, disagreed and held that positive written consent is required by all those concerned. To block rabbinical court jurisdiction it is sufficient for one concerned party not to supply written consent – even if an inheritance order has already been granted.
Appeal Courts In Estate Cases
Question:
Which courts in Israel have jurisdiction to deal with appeals in estate cases ?
Answer:
There are two levels of appeal in the civil court system for estate cases. The District court hears appeals from the court of first instance, the family court, and the Supreme Court hears appeals on District Court rulings.
Religious courts have their own one-tier appeal system – the Greater Rabbinical Court for example, hears appeals on rulings by the first instance court, the local district rabbinical court.
Capacity To Make A Will: International Dimension
Question:
Which law would prevail regarding a will made in America regarding real estate in Israel by someone whose mental state was challenged over there ?
Answer:
According to the Inheritance Act of 1965 the law of the country in which the testator lived is the prevailing law regarding his/her capacity to make a will. Regarding real estate transferred through inheritance, Israeli law would be applied in the Israeli court system which has jurisdiction over the matter.
Foreign Will Lost - Conflict of Laws
Question:
If a will is made abroad and relates to property in Israel, but the original is lost, what law will apply regarding the acceptability of a copy or other evidence supporting its existence ?
Answer:
In this situation Israeli law – and not foreign law – will apply regarding the ways in which the will can be proved. This point was made clear in an inheritance case before Tel Aviv Family Court in February 2002 which involved real estate in Israel bequeathed in a will written by a Russian testator in the former U.S.S.R. during the Second World War. One original copy had been deposited in the Public Notary’s Office in the former U.S.S.R., and one sent to Israel – but was later lost. The court held that Israeli law should apply and allowed a translation of the will into Hebrew which had been submitted in relation to other litigation in Israel to be used instead of the original Russian will.
A number of reasons were given. Firstly, the court held that Israeli Inheritance Law of 1965 allowed for probate to be granted in certain circumstances where the original will could not be produced. If the original has been destroyed (but not cancelled), or lost and reasonable efforts to find it have failed, then a copy of the will or other secondary evidence may be used instead, and the court can grant probate based on the substitute proof, if satisfied by it. This also applies where the original is overseas and it is extremely difficult or impossible to obtain it.
Secondly, binding Supreme Court precedent held that where a court in Israel deals with a matter of personal status concerning a foreigner, the only foreign law that will be applied will be substantial law. The law applied relating to procedure or evidence will be Israeli law. Regarding the form of the will, Israeli as well as foreign law would apply, it said.
Thirdly, on policy grounds , the idea of imposing foreign rules about the management of hearings should be avoided, to prevent the erosion of Israeli courts’ ability to function, the judgment said.
Fourthly, the interests of justice warranted the use of Israeli procedural/evidential law. It was unthinkable that the will could not be proved in another way, according to Israeli law, if the original had been lost. If foreign procedural/evidential law prevented this, it would conflict with justice and the will of the testator.
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