Wills & Estate Planning
Appointing a Guardian for Your Children
in Your Will
Israeli law allows parents to nominate a guardian for their minor children in their will. Adv. Liron Elmaliach explains how to do it correctly, what weight the family court gives the nomination, and why naming a substitute guardian is essential.
How to Appoint a Guardian in an Israeli Will
Under the Legal Capacity and Guardianship Law, 1962, a parent may include a guardian nomination for minor children directly in their will. The nomination does not need to appear in a separate document — it can sit alongside the asset distribution clauses in the same will.
The family court takes this nomination seriously. While it is not an absolute command, courts follow the parent's choice in the vast majority of cases — especially where both parents expressed the same preference. A well-drafted nomination that explains the reasoning (the relationship between the guardian and the children, shared values, proximity) carries even greater weight.
When choosing who to name, consider: Who has the closest relationship with your children today? Who shares your values in parenting and education? Who is in a stable life situation and has the capacity — financially, emotionally, and practically — to take on this responsibility?
It is also important to appoint one or more substitute guardians. If the primary nominee has died, refuses, or is unable to act when the time comes, the court will fall back on your second choice — rather than making the decision entirely on its own. Adv. Liron Elmaliach recommends drafting the guardian clause with care and always naming at least one substitute.
What the Court Considers When Appointing a Guardian
The family court's sole guiding principle is the best interests of the child. Even if both parents nominated a specific person, the court will assess whether that person is genuinely suitable at the time of the appointment.
Key factors the court weighs include: the depth of the existing relationship between the nominee and the children; the nominee's financial ability to provide for the children's needs; whether the nominee has a stable family environment; the nominee's physical and mental health; and — particularly for older children — the children's own expressed wishes.
Israeli courts have also recognised the possibility of splitting the guardian role: one person may be appointed as personal guardian (responsible for day-to-day care and education) and a separate person as financial guardian (responsible for managing inherited assets). This can be an important tool where the most natural carer is not the most financially capable person.
Including explanatory language in the will — describing your reasons for the choice — can meaningfully assist the court in understanding your intentions and in upholding the nomination. Adv. Liron Elmaliach helps parents draft this language with clarity and legal precision.
Frequently Asked Questions — Guardian in a Will
Common questions from Israeli parents planning their wills
Protect Your Children's Future
Guardian Nomination in a Will — Free Initial Consultation
Jerusalem and nationwide — Adv. Liron Yitzhak Elmaliach