Key risks for new Olim from the US, UK, and Australia

An overseas will is often recognised in Israel, but it is rarely enough on its own. If you own Israeli assets or live here, prepare a coordinated Israeli will and plan for cross‑border probate, taxes, and spousal rights.

Why this matters

Israeli authorities will not transfer Israeli bank accounts or real estate without an Israeli probate order (for a will) or inheritance order (no will). Even with a foreign grant of probate, you still need an Israeli order, Hebrew translations, and apostille authentication. Delays are common.

The Legal Landscape in a Nutshell

Jurisdiction. Israeli courts/Registrar of Inheritance have jurisdiction over estates of Israeli residents and over assets located in Israel. A local order is the gatekeeper for banks and the Land Registry.

Will formalities across borders.

Israel is a party to the 1961 Hague Convention on the Form of Testamentary Dispositions. A will valid in form under certain connecting laws is generally valid as to form in other Convention states. The UK and Australia are parties; the US is not.
In the US, many states adopt Uniform Probate Code §2‑506: a will is valid as to form if it complied with the law of the place of execution, domicile, abode, or nationality at signing or death. This helps foreign‑form wills in many states even though the US is not in the 1961 Hague Wills Convention.

Execution basics differ.

England & Wales: Wills Act 1837 s.9 requires signature plus two witnesses present at the same time.
Australia (NSW example): Succession Act 2006 s.6 requires signature and two witnesses. Other states have similar rules.

Testamentary freedom and family provision.

Israel: broad freedom of testation; no forced‑heirship rules in general.
England & Wales: strong testamentary freedom, but the court can vary outcomes under the Inheritance (Provision for Family and Dependants) Act 1975.

Spousal/home protections under Israeli law.
Israeli law protects a surviving spouse’s right to remain in the matrimonial home as part of the estate‑distribution framework. This can complicate gifts of the home to children or to a trust.

Taxes at a glance.

Israel: no estate or inheritance tax. The regime was abolished; planning still needed for capital gains on later disposals.
UK: Inheritance Tax at 40% above thresholds; domicile and “deemed‑domicile” rules may pull worldwide assets into scope.
US: US citizens are taxed on worldwide estates regardless of residence; non‑citizens may face US estate tax on US‑situs assets.
Australia: no inheritance tax, but capital‑gains rules can apply on death or later sale; special CGT event K3 may apply in some cases.

Seven problems we repeatedly see

“My UK/US/AUS will should cover Israel.”
Formal recognition ≠ practical access. Banks and the Land Registry insist on an Israeli probate order, apostilles for foreign documents, and sworn Hebrew translations.
Wills that accidentally revoke each other.
A new home‑country will with a broad revocation clause can cancel an earlier Israeli will, or vice versa. Draft coordinated, “non‑revoking” situs‑specific wills with cross‑references.
Witnessing mismatches.
A US holographic (handwritten, unwitnessed) will might be fine in some US states but can trigger fights elsewhere or scrutiny in Israel. Prefer witnessed wills that satisfy both jurisdictions or use an International Will where available.
No Israeli executor pathway.
Naming only a foreign executor slows administration. Israeli courts can appoint or recognise an executor, but the process is smoother if your will designates a local co‑executor and service address in Israel.
Spousal/home rights ignored.
Gifting the Israeli home outright to children can collide with the spouse’s residence protections and with matrimonial‑property balancing on death. Align your will with Israeli rules before making a promise abroad.
Tax blind spots.
Israel has no estate tax, but UK IHT, US estate tax, and Australian CGT rules can bite, especially for dual citizens or those with UK domicile connections or US assets. Coordinate with tax counsel in all relevant countries.
Pensions, superannuation, trusts, and beneficiary designations.
These often pass outside the will. Make sure Israeli law, the plan rules, and your will all point to the same beneficiaries, and that translations don’t change meanings.

When a separate Israeli will is worth it

You live in Israel or hold Israeli real estate or bank accounts.
You want a local co‑executor to move quickly with banks and the Land Registry.
Your overseas will uses unusual formalities (e.g., holographic) or broad revocation language.
You want to reflect Israeli spousal/home protections while keeping your global plan intact.

A clean, defensible plan: our recommended workflow

Asset map by jurisdiction. List every Israeli and foreign asset, titling, and beneficiary designations.
Two‑will strategy. Prepare a narrowly scoped Israeli will for Israeli‑situs assets and a foreign will for everything else, each stating it does not revoke the other.
Executor architecture. Name an Israeli co‑executor with a service address in Israel.
Formalities that travel. Use witnessed wills meeting UK/AUS formalities and UPC‑style rules where relevant; consider the International Will format where available.
Translation and apostille ready. Keep certified Hebrew translations and apostilled civil‑status and probate documents in your file.
Tax coordination. Run an IHT/US‑estate/AU‑CGT check so the plan works after tax.
Review every 2–3 years or on life events, property purchases, or cross‑border moves.

FAQ

Is a US/UK/Australian will valid in Israel?
Often yes as to form, but you still need an Israeli probate order to deal with Israeli assets. Expect apostilles and translations.

Does Israel have estate or inheritance tax?
No, but foreign regimes may apply to your worldwide estate or to sales after inheritance.

Can I leave the Israeli home only to my children?
You can, but the surviving spouse’s residence protections may still apply. Draft with that in mind.

Need a coordinated plan?

We prepare integrated Israeli and foreign wills, obtain Israeli probate orders, and work with your US/UK/Australian advisers so your plan functions in every registry and bank it touches.