Inheritance Law — Second Marriage
Inheritance in a Second Marriage in Israel
Protecting Everyone Who Matters to You
Second marriages create a unique tension between the rights of the new spouse and the interests of children from the first marriage. Adv. Liron Yitzhak Elmaliach helps families build estate plans that are fair, binding, and legally sound.
The Classic Conflict — Children vs New Spouse
Under the Israeli Inheritance Law 5725-1965, the surviving spouse has statutory inheritance rights that apply even without a will. In a second marriage, this means the new spouse is entitled to inherit all moveable assets plus a child's share of the remainder — alongside the children from the first marriage who share the estate.
This default outcome often surprises families. Children from the first marriage may find that a significant portion of the estate passes to a step-parent whom they barely know, and that step-parent may later pass those assets to their own children — leaving nothing for the people the deceased most wanted to benefit.
Balancing these competing interests is not impossible, but it requires advance planning. Israeli law offers several recognised tools, and the right combination depends on the ages of the parties, the nature of the assets, and the relationship between all family members involved.
A mutual will — signed by both spouses — is one of the most effective solutions. Each spouse undertakes to distribute the estate in an agreed way, and neither can change the will unilaterally after the other spouse dies. This prevents the surviving spouse from redirecting assets away from the children of the deceased.
Planning Tools for Second Marriages
Mutual will: Both spouses sign a joint will that is binding on the survivor. A typical structure leaves the estate to the surviving spouse for their lifetime — ensuring financial security — while directing the remainder to the children of both spouses after the survivor's death. Crucially, the survivor cannot later change this distribution without court approval.
Prenuptial or property agreement: Signed before or during the marriage, a property agreement defines which assets belong to each spouse separately and what happens to each spouse's assets on death. It provides certainty and transparency for all parties — including children from previous relationships — and is particularly valuable when both spouses bring significant assets to the marriage.
Trust: A trust can hold specific assets — such as the family home or an investment portfolio — on terms that provide income or use rights to the surviving spouse during their lifetime, while preserving the capital for the children. The trustee manages the assets according to the terms set out in the trust deed, removing discretion from the survivor.
The survivor's right to the family home: Israeli law grants the surviving spouse the right to continue living in the shared family home regardless of what the will says. This right can be modified or addressed in a property agreement — setting a defined duration, conditions, or financial compensation for the heirs who must wait. Planning for this right in advance avoids conflict after death.
What happens if the survivor remarries? A mutual will or trust deed can include explicit provisions addressing this scenario — for example, that the survivor's entitlement to income from the estate ends upon remarriage, or that any assets remaining at that point pass directly to the children. Without such a clause, assets may follow the surviving spouse into a new family unit entirely.
Case example: A widower with two adult children remarries. He and his new wife each have their own apartment. They sign a mutual will: each spouse inherits the other's moveable assets and has the right to live in the deceased's apartment for a maximum of five years, after which it passes to the deceased's children. Each spouse's own apartment passes directly to their respective children. Both parties understand what will happen — and both families are protected.
Frequently Asked Questions — Inheritance in a Second Marriage
Answers to the most common questions about inheritance and second marriages in Israel
Protect Your Children and Your New Spouse
Second-Marriage Estate Planning — Free Initial Consultation
Jerusalem · Adv. Liron Yitzhak Elmaliach