What happens if a beneficiary named in an Israeli will predeceases the testator?

Section 34(a) of the Succession Law 5725-1965 establishes the default lapse rule: any specific legacy named in a will falls void if the designated beneficiary predeceases the testator. The gift then passes either to the residuary beneficiary (if the will contains a residue clause) or falls into the intestate estate and is distributed according to the Succession Law's statutory order of heirs. This outcome can surprise testators who assumed the gift would automatically pass to the predeceased beneficiary's family. Section 34(b) creates an additional qualification: a lapsed legacy may merge with related bequests if the testator made linked gifts, requiring careful interpretation by the Registrar of Inheritance Affairs or the Family Court. For this reason, well-drafted Israeli wills include contingency clauses specifying who inherits if a primary beneficiary dies first.

The anti-lapse provision in Section 17 of the Succession Law significantly limits the default lapse rule for family estates. Where the predeceased beneficiary was a direct descendant of the testator — a child, grandchild, or great-grandchild — that person's own children step into the inheritance in their place, per stirpes (by bloodline share). This protection does not extend to siblings, cousins, friends, or other non-descendants named in the will. Testators who want a specific outcome — such as a gift passing to a surviving spouse rather than to grandchildren — must state this expressly in the will, since the anti-lapse rule operates as a default and can be overridden by clear testamentary language. Israeli legal practitioners strongly advise updating a will promptly after the death of a named beneficiary, as relying on the default rules when family circumstances change can produce unintended distributions.

From the full guide: Israeli Will Requirements: Drafting a Valid Will Under Israeli Law

← Browse all Q&A