A successive will (tzava’at yoresh achar yoresh) allows a testator to designate both a primary heir and a secondary heir to receive assets if the primary heir cannot or chooses not to inherit. This creates a layered inheritance arrangement with significant legal implications.
What is a Successive Will?
In a successive will, the testator designates a first heir and a second heir. The first heir inherits initially, but if certain triggering events occur – typically the first heir’s death – the assets pass to the second heir instead.
This type of will is particularly useful for ensuring that assets stay within a family line, or for providing for a spouse during their lifetime while ultimately passing assets to children.
Legal Requirements and Limitations
Israeli law permits successive wills but imposes certain restrictions. The first heir generally has full ownership rights during their lifetime – they can use and benefit from the assets. However, in some situations the second heir’s potential rights may limit the first heir’s ability to sell or transfer certain assets.
An attorney will explain the specific legal framework and draft the will to achieve the testator’s intentions within the law’s requirements.
Protection of the Second Heir’s Rights
If the testator wants to ensure that the second heir’s rights are preserved, specific protective provisions may be included in the will. These might restrict the first heir’s ability to dissipate certain assets or create obligations to maintain the value of the inheritance for the second heir.
Tax Considerations
A successive will triggers two separate inheritance events – one when the first heir inherits, and another when the second heir subsequently inherits from the first. Understanding the tax implications of each event is important in planning this type of will.
Common Uses of Successive Wills
Successive wills are commonly used by parents who want to provide for a surviving spouse but ultimately pass assets to children, by grandparents who want to ensure assets reach grandchildren, and in blended families where the testator wants to provide for a current spouse while protecting children from a previous relationship.
