Inheritance planning and Wills

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Future inheritance planning is important and highly recommended for everyone and even necessary in some cases.

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A will, among other things, is the main and important tool for realizing the financial concern for the family. Its main purpose is to regulate the future distribution of assets to potential heirs and to prevent future potential disputes.

It should be noted that this does not prevent opposition to the execution of the testator's will in Court. However, a will that is made in a correct manner, stating the problems that may arise (if any), is clearly worded, understandable and unambiguous, has considerable weight in the judgment by the Court and may decide the cap.

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It is further important to know that even when a Will was made by the testator, it cannot be realized automatically and the registrar of inheritance must first approve the Will by a Probate Order (separate procedural procedure), and after receiving the order the division and realization of the estate can be carried out.

In addition, even in cases where a will was not made by the testator, it is extremely important to seek proper and comprehensive legal advice for the purpose of obtaining the order of succession (by the registrar of inheritance), the division of assets and their implementation.

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Ongoing power of attorney and Guardianship

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Beyond planning of future inheritance, it is no less important (if not more so) to plan the managing of situations in which we will not be able to take care of our own needs (whether due to a physical, mental or psychological condition).

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Ongoing Power of Attorney is a power of attorney made by a competent and adult person who determines who will be appointed as his Representative in a situation of inability to make decisions (due to a physical, mental or psychological condition). The Representative may be responsible for property, medical, personal and any other matters, in accordance with the decision of the Principle (the person who appoint the Representative), and in accordance with preliminary instructions of the Power of Attorney. The power of attorney enters into force only when the Principle is unable to make decisions on his own.

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The Ongoing Power of Attorney is an alternative to guardianship and obviates the need to apply to the court.

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In cases where the Principle is made eligible for the second time to make his own decisions (such as in the case of a temporary and continuous non-recognition, for example as sometimes happen also during the Corona virus plague), the entry into force of the Ongoing Power of Attorney can be revoked and the situation will be returned to normal, usually upon a medical opinion.

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Through an Ongoing Power of Attorney, in fact, all the wishes and requests from the Representative are expressed. For example, you can determine in the Ongoing Power of Attorney: Whether you would like to live in your home or in a retirement home, if possible when medically necessary - whether you would like to stay in the hospital or receive home treatment, make medical decisions about your affairs (except according to the dying patient law), whether to rent or ask to sell your apartment, how the Representative will treat your property or perform actions on your property, and more.

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It is also important to know that a General Power of Attorney that your relatives have in your bank account is not legally valid when a person enters a state of inability to make decisions. In this situation only the Ongoing Power of Attorney enters into effect, and will allow you to operate your bank account in this situation. Very important matter when there is a need to pay living expenses or medical expenses.

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On the other hand, when there is no Ongoing Power of Attorney, and therefore there is a need to apply to the competent court for the appointment of a Guardian, the appointment process in most cases takes several months, requires a review by the Ministry of Welfare and Social Services, and although there is importance to the Will of the person who a Guardian is being appointed for, Guardianship is limited to matters determined by a the court decision only and at the discretion of the competent court, subject to the provisions of the law.

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In addition, and instead of the possibility of an Ongoing Power of Attorney, the legislature established an option for every competent and adult person to notify in advance who he would like to be a future Guardian for him or for his minor children and to deposit these documents with the State of Israel General Guardian.

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All of the documents listed above can only be edited by an attorney who has been qualified and certified by the State of Israel General Guardian.