What Canadians Need to Know If They Inherit Property in Israel
Inheriting Property in Israel – a Canadian’s guide
When a Canadian inherits property in Israel, things can get confusing – unless you know the anwalt erbrecht basics. This article breaks down and explains the Israeli inheritance issues as they affect Canadians and describes in simple terms some of the differences between Canadian and Israeli inheritance law.
Registrar of Inheritances
In all cases where a Canadian inherits personal property (such as money, shares, etc. ) or real property (such as land, apartment, etc.) that is located in Israel, in order to receive the property in the estate, it is necessary to apply to the Registrar of Inheritances. There are several Registrars in Israel and each has jurisdiction in a specific region of the country.
Probate or Intestacy
Where the Deceased has left a Will, an application for a Probate Order has to be made. In the case where there is an intestacy (i.e., no will was left), an application for an Order of Inheritance must be made.
If there is a “foreign element” involved then the Registrar of Inheritances will transfer the case to the local Israeli Family Court who then takes jurisdiction. Examples of “foreign element” situations would include:
Situations where the Deceased was a foreigner
Situations where the Deceased was an Israeli resident and left property in a foreign jurisdiction
Any other situation where there is some foreign element involved
In such a case, in addition to the other documents which must be submitted to the Court, the Applicant is required to submit to the Court a legal opinion as to the legality of the “foreign element”. Such an opinion can only be prepared by an expert on Canadian law and preferably someone who lives in Israel as the other party has the right to cross-examine the expert on his opinion. An example where this would be required is where the Deceased lived in Canada and bequeathed land in Israel to someone. It wo