Halakhic (Jewish Law) Wills
Legal Guidance for Drafting Halakhically Valid Wills
Maital Ben-Baruch Law Offices specialize in drafting wills compliant with Halakhic principles (Jewish law), ensuring both their religious validity and compliance with Israeli civil law.
What is a Halakhic Will?
A will is a legally binding document through which an individual stipulates how their assets should be distributed upon their death. Under Israeli law, anyone can create a will specifying their estate's distribution; however, to be valid under Jewish law (Halakha), the will must adhere to specific Halakhic principles.
Inheritance According to Halakha
Under Jewish law, inheritance is allocated according to the Torah's guidelines:
- Sons inherit before daughters.
- In the absence of sons, daughters inherit.
- The estate passes to close relatives in a specific familial order—if no descendants exist, the inheritance passes to the deceased's father, siblings, and so on.
A standard secular will not aligned with Halakhic inheritance laws may not be recognized under Jewish law, allowing Halakhic heirs to claim their inheritance according to Torah law.
The Halakhic Problem with a Standard Will
According to Halakha, the deceased's property automatically transfers to Halakhic heirs immediately upon death. A standard secular will, which does not involve an immediate transfer, can thus be deemed invalid under Jewish law because it does not constitute a proper Halakhic act of acquisition (Kinyan).
To address this issue, wills must be structured to comply legally with both civil law and Halakhic requirements:
Solutions for Drafting a Halakhically Valid Will
1. Gift During Lifetime (Matana Me'Chaim)
A common approach involves granting assets as a gift during the testator’s lifetime, stipulating that the gift takes effect immediately before death.
✅ The testator legally transfers ownership rights during their lifetime, maintaining usage rights until their death, thus ensuring compliance with Halakhic standards.
2. Financial Commitment Document (Shtar Hit'chayvut)
Another effective method includes adding a financial obligation document to the will.
✅ The testator creates a binding financial commitment to ensure the designated heirs receive their inheritance, aligning the will's provisions with Halakhic principles.
How Can Our Firm Assist?
Our firm provides comprehensive legal support to ensure your will is both legally valid and fully compliant with Halakhic requirements. Our services include:
✔ Drafting Halakhically valid wills.
✔ Tailored solutions, including lifetime gift provisions and financial commitment documents.
✔ Ensuring compliance with both civil and Halakhic laws.
Why Choose Our Firm?
We offer personalized, thorough, and discreet legal services that combine sensitivity, precision, and deep knowledge of both civil and Halakhic inheritance laws. Our goal is to ensure that your personal and spiritual wishes regarding your estate are fully respected.
Considering drafting a Halakhically valid will?
Contact us today for professional guidance and full support through the entire process.