IsraelLawWhat is a matnat shkhiv mera (gift in contemplation of death) under Israeli succession law?
Section 8(a) of the Succession Law 5725-1965 distinguishes the matnat shkhiv mera from an ordinary inter vivos gift and from a formal will. Three conditions must be met. First, the donor must have been ill or injured and genuinely believed death was imminent at the moment of giving. Second, the gift must relate to specific property — a blanket gift of the entire estate requires the formalities of a will. Third, the donor must die from the very condition that prompted the gift; Section 8(b) provides that if the donor recovers and then dies later from an unrelated cause, the gift lapses and the property passes under the donor's will or the intestacy rules. Israeli courts treat these gifts with heightened scrutiny because they are frequently contested by other heirs who were not present at the bedside.
For a foreign national inheriting from an Israeli relative, the matnat shkhiv mera creates particular complications. If a parent transferred a bank account or apartment title to one child on their deathbed, other children may challenge that transfer during the estate administration process. The burden of proof rests on the recipient to establish the donor's subjective state of mind, the scope of the gift, and the causal link between the illness and the death. Medical records, witness statements, and hospital admission records become critical evidence. An Israeli attorney should be engaged as soon as the death is known if any deathbed transfers are at issue, to preserve evidence and register the claim before assets are distributed.
- Governing law: Section 8, Succession Law 5725-1965
- Competent authority: Family Court (Beit Mishpat LeMishpacha) for disputed deathbed gifts; Registrar of Inheritance Affairs (Rasham HaYerushot) for undisputed estate proceedings
- Key condition: The donor must die from the same illness or injury that prompted the gift — recovery followed by death from another cause causes the gift to lapse automatically
- No formality required: A verbal gift qualifies, but evidence of its terms is essential — contemporaneous notes, witness testimony, or recordings significantly strengthen a claim
- Timeline to act: Notify the Registrar of Inheritance Affairs of the deathbed transfer within weeks of death; do not wait for succession order proceedings to commence without registering the claim
From the full guide: Estate Planning in Israel for Foreign Nationals: Wills, Trusts, and the Enduring Power of Attorney
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