Inheritance & Probate

What happens if the original Israeli will is lost?

A lost will is not automatically void. Israeli courts can grant a probate order (tzav kiyum tzavaa) based on a copy or reconstructed text if the applicant proves the will once existed, its contents, and that it was not deliberately destroyed by the testator. The Succession Law 5725-1965 governs this through the Registrar of Inheritance Affairs and, in disputed cases, the Family Court. The burden of proof sits with the person seeking to uphold the lost will, and a presumption that the testator destroyed it intending to revoke can defeat the application.

Uncontested probate is handled by the Registrar of Inheritance Affairs, but a lost-will application is contested by nature and is usually transferred to the Family Court. The applicant submits the best available evidence of the will's contents, such as a photocopy, a draft from the drafting lawyer's file, the notary's records, or witness testimony. Section 68 of the Succession Law 5725-1965 gives the court discretion to uphold a will despite a defect of form, and Israeli courts have applied this where the original cannot be produced but its content and authenticity are proven. Where the will was last known to be in the testator's own possession and cannot be found, established Israeli practice applies a rebuttable presumption that the testator destroyed it intending to revoke it. The applicant must overcome that presumption with credible evidence. For the formal rules a valid will must satisfy, see Israeli Will Requirements.

For diaspora families, a missing original is common when the testator kept the will abroad or with a lawyer who has since closed the practice. Begin by requesting the drafting attorney's file and any notarial copy, because an Israeli notary who certified the will retains records. If the testator deposited a registered will with the Registrar during their lifetime, retrieving it removes the problem entirely. Where only a photocopy survives, collect sworn affidavits from the witnesses and from anyone who saw the signed original. Moving quickly matters, since witnesses' memories fade and the estate cannot be distributed until probate is granted. The wider process is set out in The Probate Process in Israel.

⚖ In Practice
  • Governing law: Section 68, Succession Law 5725-1965 (court discretion to uphold a will despite a formal defect)
  • Competent authority: Registrar of Inheritance Affairs (Rasham LeInyenei Yerusha); contested lost-will cases transferred to the Family Court (Beit HaMishpat LeInyenei Mishpacha)
  • Evidence accepted: a photocopy, the drafting lawyer's draft, notarial records, and witness affidavits
  • Key presumption: a will last held by the testator and not found is presumed destroyed with intent to revoke, and the applicant must rebut this
  • Fees: approximately NIS 550 to file the probate application, plus roughly NIS 550 if an objection is filed (2026); reconstructing evidence adds legal costs
  • Timeline: uncontested probate 3 to 6 weeks; a contested lost-will case in the Family Court commonly 6 to 18 months

From the full guide: Israeli Will Requirements: How to Write a Valid Will


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