Israeli Inheritance Law — Post-Divorce Planning
Updating Your Will After Divorce in Israel
What You Must Know
Divorce triggers automatic legal changes to your will under Israeli law — but many critical documents are not updated automatically. Adv. Liron Yitzhak Elmaliach guides you through everything that must be reviewed and updated after divorce.
Does Divorce Cancel a Will in Israel?
Under section 35a of the Israeli Inheritance Law (as amended), provisions in a will in favour of a former spouse become void automatically upon finalisation of the divorce — specifically, upon receipt of the get (religious bill of divorce) and completion of the civil proceedings. You do not need to take any action for this nullification to apply: it operates by force of law.
Importantly, this rule applies to wills drawn up under Israeli law. If you hold a foreign will — for example, from a prior period of residence abroad — that document may not contain the same automatic provision, and active steps may be required to update or revoke it.
The automatic effect is limited and targeted: only the provisions in favour of the ex-spouse are nullified. All other clauses — bequests to children, to other family members, charitable donations, executor nominations for non-ex-spouse individuals — remain in full force. The will as a whole is not revoked.
However, a will with the ex-spouse clauses stripped out may no longer reflect your actual intentions. If your ex was named as the sole or primary beneficiary, the estate may now pass under the rules of intestate succession — which may not match your wishes at all. Drafting a new will is almost always the right course of action.
Note also that a Continuing Power of Attorney (CPoA) naming the ex-spouse as appointee is governed by different rules and is not automatically revoked by divorce. Pension and life insurance beneficiary designations are likewise not affected by the automatic rule and must be updated manually — sometimes urgently.
What Else Must Be Updated After Divorce
Divorce triggers a cascade of required legal updates that go well beyond the will. A complete post-divorce review should address each of the following:
Continuing Power of Attorney: If your CPoA names your ex-spouse as appointee — whether for personal (medical) matters or property — you must actively revoke it. Revocation requires written notice to the Official Receiver and the appointee and takes effect once registered. Until revocation is confirmed, your ex may retain legal authority to act on your behalf.
Life insurance and pension beneficiary designations: These are among the most financially significant documents affected by divorce and among the most commonly overlooked. The beneficiary you named when you first took out insurance or joined a pension fund continues to apply unless you submit a new designation form. Contact your insurer and pension administrator immediately after the divorce is finalised.
Guardianship nominations for minor children: If your will included a nomination of a guardian for your minor children in the event of your death, review whether that nomination still reflects your wishes — and whether it designates your ex-spouse in a role you no longer intend.
Timing matters: If you die before completing these updates, the consequences can be severe. Your estate may pass to unintended beneficiaries, your ex may retain authority under a CPoA, and your children's financial future may be affected. Adv. Liron Yitzhak Elmaliach can guide you through a structured post-divorce legal checklist to ensure nothing is missed.
Frequently Asked Questions — Will After Divorce
Answers to the most common questions about wills and divorce in Israel
Update Your Legal Documents After Divorce
Will, Continuing Power of Attorney, Beneficiary Designations — Free Consultation
Adv. Liron Yitzhak Elmaliach — Jerusalem