Updating Your Will After Making Aliyah: Why It's a Must

By Dr. Guy Carmi, Advocate and Notary

Making Aliyah is one of life's most meaningful transitions. Alongside the emotional and cultural adjustments, new olim often face a host of legal changes—many of which go unnoticed until a crisis arises. One of the most commonly overlooked areas is estate planning. Specifically, many immigrants to Israel do not update their wills to reflect their new circumstances.

This can be a costly mistake.

Wills drafted before Aliyah are often based on a legal framework that doesn't apply in Israel. They may refer to institutions or concepts that do not exist here, or assume procedures that Israeli probate courts will not recognize. More importantly, such wills usually fail to reflect the person's updated assets, family relationships, or long-term intentions.

Like a skeleton in the closet, an outdated will can unexpectedly resurface and disrupt everything. In one case, a man who had made Aliyah years earlier passed away without ever revoking an old will he had prepared abroad. He likely assumed it no longer mattered—his life had changed completely since then—but he never took formal steps to replace it.

When the time came, the outdated will named heirs he had barely been in contact with for decades, while entirely omitting the people who had shared his life in Israel—those who were clearly closest to him. The result was confusion, delay, and a deep sense of injustice. Even though the old will no longer reflected his values or relationships, it remained legally valid. And because it had not been explicitly revoked, it stood in the way of carrying out what he likely would have wanted.

Even for those who have made Aliyah many years ago, life doesn't stand still. Family relationships change. Children grow up, marry, or move abroad. Grandchildren are born. Spouses pass away or new relationships are formed. Assets shift between countries. And yet, the will remains unchanged—often for decades.

Updating your will after Aliyah ensures that it reflects your current wishes, your family situation, and the legal norms of your new home. It also helps avoid ambiguities that might later be used to contest the will, particularly where family dynamics are complex.

Many English-speaking immigrants assume Israeli inheritance law mirrors that of their country of origin. In practice, it often doesn't.

For example, Israeli law provides a fixed default distribution between the spouse and the deceased's children in the absence of a will. This might differ from expectations shaped by foreign law, where surviving spouses may receive the entire estate or have different inheritance rights altogether.

Also, while Israeli law recognizes foreign wills in principle, in practice, enforcing them can involve translation, authentication, and considerable procedural delays—especially if they reference foreign legal mechanisms or assume the appointment of executors under rules that are incompatible with Israeli practice.

These difficulties can be avoided by creating a valid will tailored to the Israeli legal context.

A well-crafted will is not only about dividing property—it is an act of responsibility toward those you care about. It reduces the likelihood of disputes, accelerates the transfer of assets, and spares your family unnecessary stress during a difficult time.

The legal landscape surrounding inheritance is filled with nuances—some obvious, others hidden. Navigating this terrain thoughtfully often requires professional guidance. A lawyer familiar with both Israeli and foreign legal systems can help ensure that your will isn't just legally valid, but also practical, coherent, and resilient to future challenges.