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Taking Notes

Inheritance, Wills & Prenuptial Agreements

Joseph Samuel & Co. provides clients with comprehensive and sensitive legal guidance in matters at the intersection of family and inheritance law, including wills, estates, and prenuptial agreements. Our firm specializes in drafting all types of wills, assisting with applications for inheritance and probate orders, and managing estates and trusts — always safeguarding the testator’s wishes and protecting family wealth for future generations. We also represent clients in complex inheritance disputes and contested wills, offering skilled litigation as well as mediation and settlement solutions when appropriate.


We further advise on the drafting of prenuptial agreements for married couples and common-law partners, ensuring clear and fair arrangements for property and finances. By combining extensive legal expertise with discretion, sensitivity, and respect, we provide clients with tailored solutions that secure their intentions and ensure their effective implementation.

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Wills, Inheritance, prenups: Here's what we can do

Drafting and Probation of Wills

Our firm specializes in preparing all types of wills in accordance with the testator’s wishes – personal wills, mutual wills, wills before witnesses or orally (deathbed wills), wills of foreign residents, amending existing wills, and revoking prior wills. As part of the process, we thoroughly analyze the client’s needs, family assets, and personal circumstances, taking into account the testator’s wishes during their lifetime and after.

 

Services include assessing tax implications on the estate and heirs, optimal tax planning, handling assets located outside Israel, and drafting wills that reflect a desire to preserve the testator’s or family’s legacy.

Inheritance Orders and Probate Orders

Assisting clients throughout the process of obtaining inheritance orders or probate orders, including preparing and filing petitions and handling requirements before the competent authorities until receipt of the official order authorizing the distribution of the estate.

Inheritance Planning and Trusts

Advising testators who wish to arrange the distribution of their assets in advance. This includes analyzing the testator’s wishes, scope and location of assets, family dynamics, and tax implications, to achieve a personalized and efficient estate plan. We also assist heirs wishing to preserve family wealth in establishing testamentary trusts, under which assets and funds are managed professionally and distributed in defined amounts or from accrued profits over time.

Estate Administration

Extensive experience in managing estates and trusts in accordance with the testator’s wishes, while ensuring the welfare of heirs. We identify and consolidate estate assets, preserve their value, manage income, and distribute property among heirs in accordance with the will or the law. Our professional background in asset management, business advisory, financial administration, and real estate enables us to handle the sale of jointly owned real estate and distribute proceeds efficiently.

Asset Tracing and Recovery

Proven expertise in locating lost or unclaimed inheritance assets, such as assets of missing persons, Holocaust survivors’ property, unclaimed funds, and assets managed by custodians. We collaborate with private researchers, genealogists, archives, and civil intelligence professionals.

Implementation of Probate Orders

Handling the execution of inheritance or probate orders before state authorities, including transferring rights and distributing heirs’ shares through the Land Registry (Tabu), banks, pension and provident funds, the Registrar of Pledges, and other relevant bodies.

Inheritance Disputes

Longstanding expertise in inheritance litigation, including objections to probate orders, disputes among heirs, and examination of contested wills. We handle cases involving invalid wills, undue influence, lack of testamentary capacity, and formal or substantive defects. Representation includes filing objections, motions to revoke orders, appointment of estate administrators, and proceedings before all competent courts.

Cross-Border Inheritance

Advising on wills and estates involving assets and rights outside Israel, with attention to foreign law and related legal implications. Our firm maintains close working relationships with law firms in England, Spain, Portugal, Turkey, South America, and the United States, enabling us to obtain opinions on international inheritance issues and to address the practical application of foreign law.

Mediation and Settlement in Inheritance Disputes

In cases of disputes among heirs – particularly within families – we conduct sensitive and professional negotiations aimed at finding balanced solutions in line with the testator’s wishes while preserving family relationships. We work to achieve agreed settlements and mediated resolutions to avoid escalation into protracted litigation, ensuring discretion and respect throughout.

Notarial and Enforcement Services

To provide comprehensive services in inheritance matters, our firm offers a range of notarial services, including obtaining Apostilles for international use. When necessary, we also act before the Enforcement and Collection Authority to safeguard heirs’ rights and ensure timely execution.

Prenuptial Agreements

Drafting customized prenuptial agreements for couples, both young and older, designed to protect assets accumulated before marriage and to regulate the sharing of property and finances acquired during the relationship. Our approach is discreet, respectful, and transparent, balancing the client’s interests with fairness to both parties.

Property Agreements for Common-Law and civil partnerships

Drafting and advising on property agreements for unmarried couples living together, who may be recognized as “common-law partners.” Given the evolving case law in this field – which significantly affects the division of property, assets, and social rights (such as pensions, survivor benefits, and insurance) – we assist in drafting property separation agreements and other arrangements regulating financial relations, as well as in formalizing recognition of common-law status before authorities.

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