Is a Foreign Will Valid in Israel? Probating US, UK, and Other Wills

A will executed in the United States, United Kingdom, Canada, or any other country can be recognised in Israel — but not automatically. Israeli banks, the Land Registry (Tabu), and pension funds won't act on a foreign will directly. It must go through a local "absorption" process at the Inheritance Registrar to produce an Israeli Probate Order.

The Absorption Process

The Succession Law of 1965 recognises foreign wills if they meet the formal requirements of either Israeli law or the law of the country where the will was executed. In practice, this means most professionally drafted wills from common-law jurisdictions qualify.

But recognition isn't the same as enforcement. To actually use a foreign will in Israel, you need to:

1. File a probate petition with the Inheritance Registrar (Rasham LeInyanei Yerusha)
2. Submit the original will — or a certified copy with an Apostille stamp from the country of origin
3. Provide a sworn Hebrew translation of the will, done by an authorised Israeli translator
4. Attach a Foreign Law Expert Opinion (Chavat Da'at Din Zar)

The Registrar then issues an Israeli Probate Order, which is the only document that banks and government agencies will accept.

The Foreign Law Expert Opinion

This is the step that surprises most families. The Foreign Law Expert Opinion (FLO) is a formal affidavit written by a licensed attorney in the foreign jurisdiction where the deceased was domiciled.

The FLO must explain to the Israeli Registrar:

• That the will was validly executed under the laws of that jurisdiction
• Which formalities were followed (witnesses, notarisation, self-proving affidavit)
• That the domicile country's laws don't conflict with Israeli succession principles
• How the foreign will provisions should be interpreted for Israeli asset distribution

An FLO from a US or UK attorney typically costs NIS 3,000 to NIS 7,000. It needs to be notarised, apostilled, and translated into Hebrew — the same authentication chain as the will itself.

Without the FLO, the Registrar will reject the petition outright. This is one of the most common causes of delay for cross-border estates.

Apostille Requirements

Every foreign document submitted to the Inheritance Registrar needs an Apostille stamp — the international authentication certificate under the 1961 Hague Convention. This applies to:

• The foreign will itself
• Foreign death certificates
• Foreign marriage or divorce certificates
• The Foreign Law Expert Opinion
• Any court orders from the foreign jurisdiction

In the US, apostilles are issued by the Secretary of State in the state where the document was notarised. In the UK, they come from the Foreign, Commonwealth & Development Office. Canada uses a similar federal process.

Each apostilled document then requires a sworn Hebrew translation before the Registrar will accept it. The translation must be done by a translator authorised by the Israeli Ministry of Justice, and accompanied by a notary affidavit verifying accuracy.

What About Dual Wills?

Expats who own assets in both Israel and another country face a strategic choice: write one will covering everything, or create separate wills for each jurisdiction.

Two separate wills — one for Israeli assets governed by Israeli law, one for foreign assets governed by the domicile country's law — is generally the cleaner approach. It avoids the FLO requirement for the Israeli will entirely and keeps each probate process independent.

The critical risk with dual wills: the Israeli will must not inadvertently revoke the foreign will, and vice versa. Each will needs a carefully drafted scope clause limiting its application to assets in that jurisdiction. A poorly drafted revocation clause in a new US will can accidentally void the Israeli will.

Making a Will in Israel as an Expat

If you're an English speaker living in Israel, you can execute a valid Israeli will in several ways:

• Handwritten will (tzava'a bihtav yad): entirely in your own handwriting, dated, and signed. No witnesses required.
• Witnessed will: typed or printed, signed before two witnesses who also sign. The most common format.
• Will before an authority: executed before a judge, registrar, or religious court official.

English-language wills executed in Israel are valid if they meet the formal requirements, but any probate petition will still require a Hebrew translation of the will itself.

For expats with assets in multiple countries, working with both an Israeli estate attorney and a home-country attorney to coordinate the documents is the safest path.

Common Mistakes with Foreign Wills

• Not depositing the physical will within seven days: once the digital probate petition is filed, the original will must reach the Registrar within a week. International mail often takes longer — plan ahead.
• Skipping the FLO: assuming the Registrar will accept a foreign will on its face. They won't.
• Using an uncertified translator: only translators authorised by the Israeli Ministry of Justice are accepted. Translations from general translation services get rejected.
• Revoking the wrong will: updating one jurisdiction's will without checking whether the revocation clause affects the other.

The Someone Died in Israel: English Speaker's Emergency Guide includes the complete document authentication checklist and filing sequence for foreign wills, so nothing gets rejected at the Registrar's office.

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