1. How Israeli Law Protects the Surviving Spouse
The Israeli Succession Law 1965 (Hok HaYerusha) gives the surviving spouse one of the strongest protected positions of any common-law or civil-law inheritance system. These rights exist independently of what any will says — they are statutory entitlements that cannot be fully waived without the spouse's own written consent given after the spouse's death.
The protection operates on two levels. First, there are the inheritance rights themselves — the share of the estate the surviving spouse receives. Second, there is the family home right (zkhut hadirah), which is a separate and particularly powerful protection allowing the spouse to remain in the marital home regardless of what happens to the rest of the estate.
For international couples — where one or both spouses are foreign nationals — understanding these protections is critical for estate planning. A will made in the United States, the United Kingdom, or elsewhere may not automatically account for Israeli law's mandatory protections, leaving the surviving spouse's position legally uncertain.
2. The Surviving Spouse's Share When There Is No Will
When a person dies without a valid will (intestate), the Israeli Succession Law allocates the estate according to a fixed formula. The surviving spouse's share depends on who else survives the deceased.
If the deceased left children (including children from a prior relationship): the surviving spouse receives the movable property located in the marital home (furniture, appliances, vehicles used by the household), plus one half of the remainder of the estate. The other half goes to the children, divided equally between them. Additionally, the spouse receives the family home right — the right to continue residing in the family home for life, regardless of who inherits the property.
If the deceased left parents or siblings but no children: the surviving spouse receives two thirds of the estate. Parents and siblings share the remaining third.
If the deceased left no close relatives at all: the surviving spouse inherits the entire estate.
These shares are default rules. Couples can modify them in advance through a prenuptial or postnuptial property agreement (heskem gor). However, any such agreement must be in writing, signed before a notary or Family Court judge, and it cannot deprive the spouse of the family home right without their fully informed consent.
3. What If There Is a Will That Limits the Spouse?
A will can modify the surviving spouse's inheritance share — for example, leaving more assets to children or to charity. Israeli law allows testamentary freedom within limits. However, a will cannot entirely eliminate the spouse's family home right, and a spouse who believes the will leaves them inadequately provided for has a legal tool: the right of election.
The right of election (bchirat ha'yared) allows the surviving spouse to choose between (a) accepting what the will provides, or (b) rejecting the will and taking the intestacy share they would have received if there were no will. This election must be made within a specific time period after the probate order is issued — generally before the estate is distributed.
In practice, this means a lawyer advising a surviving spouse must calculate both options: what the will provides versus what the intestacy share would be. If the will is less generous, the spouse can opt for the statutory share. This is a critical strategic decision that requires immediate legal advice upon the death of the spouse.
4. The Family Home Right (Zkhut HaDirah)
The family home right is perhaps the most distinctive feature of Israeli inheritance law for surviving spouses. Under Section 11(a) of the Succession Law, the surviving spouse has the right to continue residing in the marital home for the remainder of their life — and this right exists regardless of who inherits the property.
In practical terms: if the deceased owned an apartment and left it entirely to their children from a prior marriage, the surviving spouse cannot be evicted from that apartment. The children inherit the ownership, but the spouse holds a life tenancy. The apartment cannot be sold, transferred, or rented out without the surviving spouse's consent.
The family home right applies to the dwelling where the couple actually lived together. It does not apply to investment properties or other real estate. If the couple owned the home jointly (as is common), the spouse's own share of the property is separate from this statutory right.
This protection is particularly important for second marriages where the deceased's children from the first marriage may contest the surviving spouse's right to remain in the home. Israeli courts have consistently upheld the family home right against such challenges.
5. Foreign Spouses and International Couples
Israeli inheritance law applies to assets located in Israel, regardless of the nationality or residence of the parties involved. A foreign spouse — one who holds a foreign passport and may not live permanently in Israel — has the same inheritance rights as an Israeli citizen spouse, provided the marriage is legally recognized.
Israel recognizes civil marriages performed abroad, including marriages in countries that permit forms of marriage Israel itself does not recognize. A marriage certificate from the USA, UK, Canada, Australia, France, or virtually any other country will be recognized for inheritance purposes if it is properly apostilled and accompanied by a certified Hebrew translation.
Common-law partners (yadua batzibbur — publicly known partners) may also have inheritance rights under Israeli law if they lived together as a couple and were publicly known as such. The Supreme Court has extended inheritance rights to long-term partners who cohabited but were not formally married, though this area is more complex and requires legal advice on the specific facts.
For international couples who split their lives between countries, the interaction between Israeli inheritance law and the inheritance law of their home country can be complex. Assets in Israel are governed by Israeli law; assets abroad are governed by local law. A coordinated estate plan addressing both jurisdictions is strongly recommended.
6. Marital Property vs. Inherited Estate
Israeli law distinguishes between two separate legal frameworks that can both affect the surviving spouse's financial position after the death of their partner: the inheritance rights under the Succession Law, and the marital property rights under the Spouses (Property Relations) Law 1973.
The marital property framework applies to assets accumulated during the marriage. Under the balancing of resources approach (izun mishabe), upon the death of a spouse, the surviving spouse is entitled to half of the assets accumulated during the marriage — separately from their inheritance share. These are not cumulative rights; the surviving spouse receives the inheritance share from the estate after marital property balancing has occurred.
Assets that were owned by either spouse before the marriage, or received as gifts or inheritances during the marriage, are generally excluded from the marital estate and belong separately to the owning spouse. However, the lines can blur — particularly where separate property was mixed with marital funds or used to acquire jointly-used assets.
A surviving spouse dealing with a complex estate — particularly one that includes pre-marital assets, inherited assets, or business interests — should always take advice on both the inheritance claim and the marital property claim simultaneously. Failing to assert marital property rights promptly can lead to their loss.