Does a new will made abroad revoke an earlier Israeli will?

Israeli succession law gives a testator complete freedom to revoke. Section 27 of the Succession Law 5725-1965 voids any clause that purports to restrict that freedom, and Section 36 sets out how revocation happens: an express statement in a later will, physical destruction of the document, or a later will whose terms contradict the earlier one. Where the conflict is only partial, the conflicting provisions fall away and the rest of the earlier will survives. Section 140 then decides whether the foreign document counts as a will at all, accepting compliance with the law of the place of signature, of the testator's domicile, or of their nationality.

Foreign lawyers rarely ask whether their client already signed a will in Israel, and the blanket revocation clause in a standard American or British precedent is enough to cancel it. Heirs then discover that the Israeli apartment has fallen into intestacy, or into a foreign trust structure that Israeli banks and the Land Registry cannot process. Correct drafting names the other will by its date and country of signature and states that this document does not affect it. Anyone signing wills in two countries should send each lawyer a copy of the other will, and should re-check the position after every amendment.

From the full guide: Revoking or Changing an Israeli Will: A Complete Guide

← Browse all Q&A