Did You Know You Have a Silent Partner?

Dr. Guy Carmi. Attorney-at-law and Notary

I recently submitted a Petition to the High Court of Justice on behalf of Amitzim (The Brave Ones) NGO – an organization dedicated to orphans and their families. Both founders of this NGO, who are now married to each other, lost their previous spouses unexpectedly. In an interesting and candid conversation with them, I further realized the problematic default mechanism of the Inheritance Law (1965), and the importance of making a will. I wish to share this wisdom with you.

Every couple with kids, even with adult children, who did not prepare a will, has a default will that divides their property in two parts - half to the remaining spouse and half to their children. This is a recipe for trouble. It is more common than you know that children sue their surviving parent for money or for their share of property in the late-parent's estate, including the family home.

Even if you believe these scenarios do not apply to you, and you think that you know your children – think again. Can you be assured that even a loving young child will not become estranged, or simply in desperate need of money, either for personal needs or for their future family in a way that would jeopardize your relationship?

A mechanism that is much more appropriate is a mutual will that leaves everything to your spouse, and only later to your kids. There are means to assure that your spouse indeed leaves their share to your kids, if you are concerned that they may remarry or not take sufficient care of your children otherwise. Unfortunately, I had the questionable pleasure of representing parents in court who were sued by their adult children for joint property of the surviving parent and the deceased spouse. Trust me, this is a scenario you would want to avoid.

Therefore, I strongly recommend preparing a tailor-made will that would accommodate your individual needs and concerns.