IsraelLawCan a testator in Israel attach conditions to a bequest in their will?
The Succession Law 5725-1965 recognizes two types of conditional bequests: a t'nai kodem (condition precedent), under which the bequest does not vest until the heir fulfills a specified requirement, and a t'nai mafsik (condition subsequent), under which the bequest vests at once but may be revoked if the heir later breaches the condition. Section 26 establishes these as valid testamentary devices and permits a testator to attach a herem (burden), requiring the heir to perform a positive act as a term of the gift. Common examples include conditions such as completing a university degree before a stipulated age, maintaining Israeli citizenship, or reaching a minimum age before receiving funds. Courts have interpreted these provisions broadly, focusing on the testator's evident intent when the condition is unclear or incomplete.
Practical difficulties arise when a condition conflicts with public policy or Israeli statutory protections. Courts have voided conditions requiring an heir to renounce a particular religious belief, to divorce a named spouse, or to waive rights under Israeli family law, on the ground that such conditions violate human dignity or statutory rights. When a condition is void under Section 27, the Family Court severs it and the heir takes the gift unconditionally — unless the will expressly states that the bequest is inseparable from the condition. Foreign nationals who draft an Israeli will with conditional provisions should have Israeli counsel review the specific wording, because a condition valid in their home jurisdiction may be struck in an Israeli probate proceeding without the testator's fallback intention being given effect.
- Governing law: Sections 26–27, Succession Law 5725-1965
- Competent authority: Family Court (Beit Mishpat LeMishpacha) or Registrar of Inheritance Affairs (Rasham HaYerushoth)
- Void condition test: impossible, unlawful, or contrary to public policy — court severs the condition; the bequest survives unless the will expressly links them
- Timeline: contested conditional bequest disputes typically take 12–24 months in the Family Court before a final ruling
- Drafting tip: always name an alternative beneficiary in case the condition fails — without one, the gift lapses back to the residuary estate or passes under intestacy
From the full guide: Israeli Will Requirements: How to Write a Valid Will in Israel
Related Questions
Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy