Common-law partners (yadua’im betzibur) do not automatically inherit from each other under Israeli law in the same way that married spouses do. Without specific legal arrangements, the surviving partner may be left without inheritance rights despite years of shared life together.
The Legal Status of Common-Law Partners in Inheritance
Under the Succession Law, a surviving spouse inherits from their partner. However, this right applies automatically only to formally married spouses. Common-law couples are not automatically treated as spouses for inheritance purposes.
Israeli courts have recognized common-law status and granted inheritance rights in some cases, but this requires court application and proof of the relationship, which can be contested by other heirs.
Protecting the Surviving Partner
The most reliable way to protect a common-law partner’s inheritance rights is through a will. A properly drafted will explicitly bequeathing assets to the surviving partner eliminates uncertainty and avoids the need for court proceedings.
Without a will, the surviving partner may face litigation with the deceased’s family members who would otherwise inherit.
The Shared Property Question
Even apart from formal inheritance, common-law partners typically have rights to the property they acquired together during the relationship. Establishing and documenting these property rights during the relationship is important for protecting the surviving partner if death occurs.
Rights to the Family Home
A surviving spouse has specific rights regarding the family home that may not automatically extend to common-law partners. An attorney can advise on what protections exist and what additional arrangements are needed to secure the surviving partner’s right to continue living in their home.
Practical Steps to Protect Your Partner
If you are in a common-law relationship, the most important actions to take are: writing a will that specifically provides for your partner, documenting joint property ownership formally, and considering whether to formalize the relationship through marriage or civil registration if available.
