Wills & Estate Planning
Will for Same-Sex Couples in Israel
What You Need to Know
Same-sex couples in Israel face unique inheritance challenges that a well-drafted will can resolve completely. Adv. Liron Elmaliach advises same-sex couples on protecting each other — whether married, in a civil union, or cohabiting.
Inheritance Rights of Same-Sex Partners in Israel
The starting point depends entirely on whether the couple is married. Same-sex couples who married abroad and whose marriage is recognised in Israel stand on exactly the same footing as any other married couple under the Inheritance Law 5725-1965. The surviving spouse inherits automatically — and in the same proportions — without any need to prove the relationship.
The picture is materially different for same-sex cohabitants who are not married. Israeli law treats them as common-law partners (ידועים בציבור), who have the legal right to claim inheritance — but must prove the relationship in court after the partner has died. That process can be painful, protracted, and uncertain, particularly if the deceased's family does not accept the relationship.
A will removes all of this uncertainty. By expressly naming your partner as beneficiary and executor, you leave no room for dispute. The will speaks for you when you can no longer speak for yourself — and it is enforceable regardless of whether the family approves.
What the Will Should Cover
The shared home. Where one partner owns the property — or both own it jointly — the will should address what happens to the home. Options include leaving the full ownership to the surviving partner, or granting a registered right of residence while directing ownership to children. Getting this right is especially important where there are children from a prior relationship.
Appointment as executor. Naming your partner as executor gives them the authority to manage the estate — open probate proceedings, deal with banks, and carry out the instructions of the will. Without this appointment, the family may control the process.
Pension and life-insurance beneficiary designations. These pass entirely outside the will and must be updated directly with the pension fund or insurance company. Many couples discover too late that the default beneficiary on a pension fund is a parent or sibling, not the partner. Adv. Liron Elmaliach routinely flags this issue and advises on the steps needed to update designations.
Interaction with children from prior relationships. Where either partner has children from a previous relationship, the will must balance the interests of the surviving partner against those of the children. Tools such as mutual wills, trusts, or usufruct arrangements can protect both interests simultaneously.
Coordination with a Continuing Power of Attorney. A will governs what happens after death; a Continuing Power of Attorney governs what happens before death if you lose capacity. Together, these two documents form a complete protective framework. For same-sex cohabitants, the Continuing Power of Attorney is especially important — without it, the hospital or care home may defer to the biological family rather than the partner.
Frequently Asked Questions — Same-Sex Couples and Wills
Answers to the most common questions from same-sex couples about inheritance in Israel
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