Finding a Will After Death — Professional Legal Guidance | Attorney Roziel Amir

What is the Problem of Finding a Will After Death?

Locating a will after death is one of the most complex legal and emotional challenges a family can face during a time of grief. In Israel, when a person dies, their heirs must first understand whether a will exists and how it affects the distribution of assets. This problem is compounded when the will is lost, unknown, or its location is unclear.

Under Israeli inheritance laws, a valid will is a crucial legal document that sets forth the deceased's wishes regarding the distribution of their assets. Without a will, the inheritance will be divided according to the Succession Law, 5741 (1981), which divides assets among close family members—typically a spouse, children, and parents. However, if a will exists but has not been found, the deceased's wishes may not be fulfilled, and the distribution of assets may differ from what was intended.

The process of locating a will requires systematic investigation, checking possible storage locations, contacting relevant authorities, and a thorough understanding of the legal procedures in the Family Court. This is a process that requires patience, methodology, and in-depth legal knowledge.

Why Is It Important to Find the Will?

• Respect for the Deceased's Wishes: A will reflects the deceased's decisions regarding their assets and loved ones. Finding the will and executing it is an undisputed honor to their wishes.
• Fair Distribution of Assets: If a will exists, it may distribute assets differently than the law provides. There may be heirs who would not have been entitled under the law, or a specific distribution may have been important to the deceased.
• Avoiding Family Conflicts: When the will is clear and legally valid, it is easier to avoid family disputes over the distribution of assets.
• Fulfilling the Deceased's Final Wishes: Under Israeli succession law, a valid will is a binding document that must be executed.

Where to Search for a Will After Death?

When a family discovers that a family member has passed away, the first question is often: where is the will? The answer requires a systematic search in several possible locations, each of which is important and could contain this critical document.

Common Storage Locations for a Will

• At the deceased's home: In a personal folder, cabinet, bookshelf, or hidden place. A handwritten will or one with witnesses can be easily stored at home.
• In the possession of an attorney: If the deceased consulted with an attorney before drafting the will, the attorney may hold a copy of the will or know where it is stored. Law offices often keep wills in secure safes.
• In a bank: In a safe deposit box, the deceased could have deposited a will. Banks maintain records of safe deposit boxes and can assist in accessing them after presenting identification documents and proof of family relationship.
• In the possession of a guardian or previous estate administrator: If the deceased had previously undergone an estate administration process or had a guardian, the will may be stored with that party.
• In the possession of witnesses: If the will was written with witnesses, one or more of the witnesses may hold a copy or remember where it is stored.
• In the family court: In some cases, a will may be registered or approved by a court. Checking the court archives could reveal a previous will.
• In the municipality of residence: In some cases, a will may be registered or deposited with the municipality (although this is rare in Israel).

Legal Tools for Will Search

In addition to physical search, there are legal tools that can help in discovering a will:

• Request for information from an attorney: If it is known that the deceased consulted with an attorney, a formal request can be made to the attorney for disclosure of documents relating to the will.
• Request to a bank for access to a safe deposit box: Heirs can request access to the deceased's safe deposit box from the bank, with the help of a death certificate and identification.
• Search in the pension file: If the deceased was self-employed or an employee, their pension file may contain references to a will or information about assets.
• Investigation in estate proceedings: When opening an estate administration proceeding in court, a will may be discovered as part of the investigation.
• Application to the tax authority: The tax authority may possess information about assets and liabilities that could lead to the discovery of a will.

Legal Process: Locating, Approving, and Executing a Will

After finding a will, or if there is suspicion that a will exists but has not been found, a structured legal process must be conducted in the Family Court. This process ensures that the will is legal, that it truly reflects the wishes of the deceased, and that it will be executed lawfully.

Steps of the Legal Process

1. Filing a Request with the Court: An heir or attorney on behalf of an heir files a request with the family court for approval of the will. The request must include the will itself (if found), a death certificate, and the identity of the heirs.
2. Examination of the Will's Validity: The court checks whether the will meets the requirements of the Succession Law. A valid will must be:
   • In writing (witnessed or handwritten).
   • Signed by the deceased.
   • Accompanied by witnesses (if required).
   • Written when the deceased had full legal capacity.
3. Notice to Heirs: The court notifies known heirs of the request, giving them an opportunity to object or raise claims against the will.
4. Court Hearing (in Case of Objection): If there is an objection, the court holds a hearing where the claims of all parties are heard. There may be witnesses, signature verification, and additional examinations of the deceased's capacity.
5. Order Approving the Will: If the court finds that the will is legal, it issues an order approving the will, also called an "Inheritance Order" or "Order of Will Execution".
6. Execution of the Will: After the order, the estate administrator (often one of the heirs) executes the will in accordance with the deceased's instructions.

Timeframes and Relevant Laws

Typically, the procedure for approving a will in the Family Court takes several months to a year, depending on the complexity of the case and the number of objections. The Succession Law, 5741 (1981), sets precise rules regarding the validity of a will, the rights of mandatory heirs, and the distribution of assets in the absence of a will.

It is important to note that in Israel there exists a "mandatory heir right" — a right that cannot be revoked by a will. This right protects spouses and children, and even if the will is contrary to them, they are entitled to a portion of the inheritance.

Types of Wills in Israel and Their Legality

Under Israeli inheritance law, there are various types of wills, each with its own legal requirements. Understanding these types is important in order to determine whether a will we have found is valid and enforceable.

Handwritten Will

A handwritten will (holographic will) is a will that is written entirely in the handwriting of the deceased, signed by him or her, and does not require witnesses. In Israel, a handwritten will is valid if it meets the requirements of the Inheritance Law. The advantage of a handwritten will is that it is simple and inexpensive to write; however, the disadvantage is that it is easier to challenge its validity in court (for example, by claiming that the signature is forged or that the deceased lacked legal capacity).

Will with Witnesses

A will with witnesses is a will written by the deceased or by another person at the deceased's direction, and signed by the deceased before at least two witnesses. The witnesses must have full legal capacity, and cannot be heirs or relatives of heirs. A will with witnesses is considered stronger than a handwritten will, because the witnesses can testify to its validity.

Will Before an Authority

In some cases, a will may be registered or approved before a certain authority, such as a court or government office. Such a will is considered super-valid and is difficult to challenge.

Will Executed Abroad

If the deceased wrote a will abroad, it is generally valid in Israel if it complies with the laws of the country in which it was executed. Verification of the validity of a will executed abroad requires special legal advice.

Common Challenges in the Will Search Process

The process of locating a will after death is not always straightforward. There are several challenges that can increase the complexity of the process, and deep legal knowledge is required to address them.

Lost or Unknown Will

Often, the family does not know if a will exists at all. The deceased may have written a will that disappeared, or did not inform anyone of its existence. In legal investigation, we use witness interrogation, document examination, and contact with relevant authorities to determine if a will exists.

Opposition by Heirs

In some cases, one or more heirs may challenge the will, claiming that it is invalid, that the deceased lacked capacity, or that the deceased was under undue influence. This opposition can lead to prolonged litigation and requires strong defense of the will.

Improperly Drafted Will

If the will does not meet legal requirements (for example, missing witnesses or signature), the court may declare it invalid. In such cases, we use legal arguments to prove that the will reflects the deceased's wishes, or we seek alternative ways to carry out that wish.

Signature or Handwriting Issues

If there is doubt about the deceased's signature on the will, the court may order a graphological examination (handwriting analysis). This is an expert examination aimed at proving or disproving the authenticity of the signature.

Disputes Among Heirs

Often, different heirs may disagree about the interpretation of the will or who is entitled to which asset. We assist in resolving these disputes through negotiation, or through court proceedings if necessary.

Complex or Foreign Assets

If the deceased owned assets abroad, or complex assets (such as a business, investment fund, or real estate), estate administration may be complicated. We assist in handling these assets in accordance with Israeli law and the laws of the relevant countries.

Heirs' Rights and Obligations Under Israeli Inheritance Law

When discussing the location and execution of a will, it is important to understand the rights and obligations of heirs under Israeli inheritance law. These rights protect heirs and play a crucial role in the inheritance process.

Mandatory Heir's Right

Under Israeli inheritance law, there exists a "mandatory heir's right" — a right that cannot be revoked by will. This right is intended for a spouse (husband or wife) and children of the deceased. If the will contradicts their rights, they are still entitled to a portion of the inheritance, calculated according to the formula prescribed by law. This mandatory heir's right exists even if the will is clear and legally valid.

Statutory Division in the Absence of a Will

If no will exists, the inheritance shall be divided according to the order of succession under inheritance law. The order is as follows:

1. Spouse (husband or wife) and children — equal division between the groups.
2. If there is no spouse or children — parents of the deceased.
3. If there are no parents — siblings of the deceased.
4. If there are no siblings — grandparents of the deceased.
5. If none of the aforementioned relatives exist — the assets pass to the State of Israel.

Obligations of the Estate Administrator

The estate administrator (often one of the heirs) must act fairly toward all heirs. These obligations include:

• Disclosure of all assets: The estate administrator must disclose all assets of the deceased, including bank accounts, real estate, and liabilities.
• Calculation of taxes and obligations: The estate administrator must calculate taxes (such as capital gains tax on real estate) and pay the deceased's obligations.
• Fair distribution: The estate administrator must distribute the assets in accordance with the will or law, fairly and without bias.
• Record maintenance: The estate administrator must maintain records of all transactions to demonstrate that he or she acted fairly.

Why Choose Rozil Amir Law Firm?

When dealing with locating a will following a death, it is important to choose a legal partner with deep experience in inheritance law, understanding of legal procedures, and the ability to guide you through this complex process. Law firm Rozil Amir is a boutique firm in Ramat Gan specializing in family law, divorce, wills, and inheritance.

Our Experience

Attorney Rozil Amir has extensive experience handling inheritance proceedings, will probate, and management of complex estates. We handle a wide range of cases, from simple wills to complex estates with family disputes, foreign assets, and complex legal investigations.

Personal Approach and Full Guidance

We understand that the process of locating a will and managing an estate is sensitive and requires personal attention. Every case is unique, and we tailor our approach to your specific circumstances. We guide you through every stage of the process, from searching for the will to the distribution of assets.

Discretion and Confidentiality

We respect the full discretion of our clients. All information you share with us is protected by attorney-client confidentiality, and subject to no exception except as required by law.

Deep Legal Knowledge

We are well-versed in succession law, family court procedure, and related matters such as capital gains tax, income tax, and real estate law. This knowledge enables us to provide you with accurate legal advice and strategic planning for handling your estate.

Clear Communication

We believe in clear communication with our clients. We explain the legal process in simple language, so you can understand the next steps and the implications of every decision.