Inheritance & Probate

Does Israeli law give a surviving common-law partner inheritance rights?

Yes, but only under specific conditions. Section 55 of the Succession Law 5725-1965 recognizes the yedua batzibur — a publicly known cohabiting partner — and grants them the same intestate inheritance share as a formal spouse. The surviving partner must prove the cohabitation relationship, its duration, and its recognized nature to the Registrar of Inheritance Affairs or Family Court.

Israeli law does not automatically treat an unmarried partner the same as a spouse for inheritance purposes. The default rules under the Succession Law govern only biological heirs and formal spouses. However, Section 55 creates a specific category — the yedua batzibur — which grants intestate inheritance rights to a cohabiting partner who lived with the deceased as if married, in a shared household, over a continuous and recognized period. This has been part of Israeli law since 1985 and has been refined significantly by case law, including the Supreme Court's guidance in CA 4/94. The entitlement mirrors what a formal spouse would receive under intestacy: household effects, the right of use of the shared apartment, and a share of the remaining estate proportional to the statutory spousal entitlement.

The Section 55 right is intestate only: if the deceased left a valid Israeli will that omits or disinherits the common-law partner, there is generally no legal mechanism to override that decision. Israel has no forced heirship for spouses or partners — unlike many civil law countries — so a deliberately exclusionary will stands. This is precisely why legal advice — and ideally a mutually considered estate plan — matters so much for unmarried couples with joint or intertwined assets in Israel. A surviving partner who finds themselves excluded from a will should consult an attorney promptly about whether unjust enrichment or property contribution claims might exist alongside the inheritance matter.

⚖ In Practice
  • Governing law: Section 55, Succession Law 5725-1965; refined by Supreme Court CA 4/94 Yehuda v. Yehuda
  • Competent authority: Registrar of Inheritance Affairs (Rasham HaYerushoth) or Family Court (Beit Mishpat LeMishpacha)
  • What must be proved: cohabitation as a couple, shared household, public recognition of the partnership — courts treat a minimum of approximately 2 years as the practical baseline, though this is not a statutory figure
  • Succession order fee: approximately NIS 1,000–1,500 (2026); Section 55 claim itself carries no separate fee
  • Timing: no hard statutory deadline to assert the claim, but the estate should not be distributed to other heirs before the Section 55 claim is formally registered — act within weeks of death, not months

From the full guide: Surviving Spouse Rights in Israel: What the Law Provides


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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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