Wills & Inheritance Law
Conditional Will in Israel
What Conditions Are Enforceable
Israeli law allows testators to attach conditions to bequests — but not all conditions are enforceable. Adv. Liron Elmaliach explains what the law permits, what courts reject, and how to draft conditional bequests that hold up.
What Conditions Can Be Included in an Israeli Will
The Inheritance Law 5725-1965 permits a testator to attach conditions to bequests. A testator may stipulate that a beneficiary receives an asset only upon reaching a certain age, completing a university degree, getting married, or using the money for a specific purpose — such as purchasing a home or funding education.
A valid condition must be lawful, possible to fulfil, and consistent with public policy. Courts regularly uphold conditions tied to age milestones, educational achievements, or defined life events, provided they do not amount to undue control over a beneficiary's fundamental freedoms.
Conditions that are generally enforceable include: reaching age 25 or 30 before receiving an inheritance; completing a particular degree or vocational qualification; using the funds solely to purchase a primary residence; and caring for the testator's surviving spouse as a condition of receiving a share.
Conditions that are void include: any condition that imposes an illegal obligation; a condition that entirely prohibits a beneficiary from ever marrying (as opposed to referencing marital status as a factual trigger); conditions requiring a beneficiary to commit a criminal act or abandon their religion; and conditions that discriminate on prohibited grounds. A void condition does not automatically invalidate the entire bequest — courts must determine whether the testator would have made the bequest without the condition.
What Happens When a Condition Is Not Met
Israeli law distinguishes between two types of conditional bequests:
Suspensive condition — the bequest only takes effect if and when the condition is satisfied. Until then, the beneficiary has no vested right to the asset. If the condition is never met — for example, the beneficiary never graduates or predeceases the testator without fulfilling the condition — the bequest lapses. The asset then passes according to the residual clause of the will, or by intestacy rules if no such clause exists.
Resolutory condition — the beneficiary receives the bequest immediately, but it can be clawed back if the condition is later broken. For example, a testator may leave funds to a child on condition that the child cares for the surviving parent; if the child later fails to do so, the bequest is forfeited. Courts examine resolutory conditions carefully to ensure they do not create ongoing coercion.
When a condition cannot be met because the event is objectively impossible — for instance, the beneficiary has already died at the time the condition would otherwise have been triggered — the outcome depends on which type of condition applies and how the will is drafted. A well-prepared conditional will should include explicit fallback instructions to cover these scenarios.
During the period of waiting — between the testator's death and the fulfilment of a suspensive condition — the conditional assets must be managed by someone. A testator who fails to appoint a trustee leaves this question to the court. Appointing a trustee in the will, with clearly defined powers and limitations, is the most reliable way to ensure the assets are preserved and managed appropriately until the condition is met.
Frequently Asked Questions — Conditional Will
Common questions about conditions in Israeli wills
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Adv. Liron Elmaliach — Wills & Inheritance Law, Jerusalem