Wills & Inheritance Law
Disinheriting a Person in Israel
The Legal Limits
Israeli law grants broad freedom of testation — but not unlimited. Adv. Liron Elmaliach explains who can be excluded from a will, what the "necessitous heir" protection means, and how to draft a disinheritance clause that will hold up in court.
Grounds and Limits on Disinheritance
Under Israeli law, a testator enjoys wide freedom of testation. You may leave your entire estate to a stranger, a charity, or a single child — and exclude everyone else. There is no general rule requiring you to divide your assets equally among your children, and you do not need to justify your choices.
The one statutory exception is the "necessitous heir" (יורש מחוסר פרנסה) under Section 56 of the Inheritance Law 5725–1965. A spouse, child, or parent who was financially dependent on the deceased and lacks sufficient means to support themselves may apply to the court for a maintenance award from the estate — even if the will explicitly excludes them.
In practice, this protection is narrower than it sounds. It applies only to close relatives who are genuinely impoverished and dependent — not to adult children who are financially self-sufficient. The award the court grants is calibrated to the heir's needs, not a fixed share, and it rarely consumes more than a modest portion of the estate.
What this means practically: if the person you wish to disinherit is financially independent, you can do so freely with a properly drafted will. If they may qualify as a necessitous heir, the strategy shifts — to minimising the estate's size through lifetime planning or coordinating a settlement before disputes arise.
How to Draft a Disinheritance That Holds Up
Explicit language: A disinheritance clause must name the person clearly and state unambiguously that they receive nothing. Vague or implied exclusions are far easier to challenge. The more precise the language, the harder it is to argue the testator meant something else.
Reasons given in the will: You are not required by law to explain your decision. However, including a brief statement of reasons — especially if the circumstances might otherwise appear suspicious — can significantly reduce the risk of a successful challenge on grounds of undue influence or lack of capacity. The reasons become part of the evidentiary record.
Combining with a lifetime gift: Transferring assets during your lifetime — to other heirs, a trust, or a charity — reduces the estate available to a disinherited heir or a necessitous heir claimant. When planned carefully and well in advance, this is a legitimate and effective strategy. Timing matters: transfers made shortly before death may be scrutinised.
Charitable bequests: Including a charitable bequest in the will can reinforce the impression of a deliberate, reasoned set of choices — and in some cases reduce the estate's taxable or claimable value.
If the disinherited heir challenges the will: Challenges typically allege lack of testamentary capacity, undue influence by another person, or formal defects. A well-drafted will, executed before an experienced attorney who keeps contemporaneous notes, is the strongest defence. If a challenge is filed after your death, the beneficiaries will need legal representation in Family Court — and the burden of proof depends on the specific ground alleged.
Frequently Asked Questions — Disinheritance in Israel
Answers to the most common questions about excluding heirs from a will
Plan Your Estate — Protect Your Wishes
Disinheritance Clauses — Free Initial Consultation
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