Protection for the Surviving Spouse and for the Children
Mutual Will for Couples
Jerusalem — Practising since 2014
Adv. Liron Yitzhak Elmaliach helps couples draft a mutual will that protects the surviving spouse and ensures the assets reach the children — exactly as intended.
What Is a Mutual Will and Why Do You Need One?
Most couples want two things: for the surviving spouse to live with dignity and stay in the home — and for the children ultimately to receive what is coming to them. The problem is that a regular will does not guarantee both simultaneously. A mutual will is the solution.
In a mutual will, each spouse writes a will leaving their estate to the other — and at the same time ensures that after both of them die, the assets pass to the children. Israeli law (2005 amendment to the Inheritance Law) protects this arrangement: if the surviving spouse tries to change the will and remove the children from it — they will be required to return what they received.
Without a mutual will, the surviving spouse can change their will and leave children from a first marriage with nothing. With a mutual will, the protection is built into the document itself.
What Is Important to Draft Correctly?
Definition of the covered assets: What is included in the will — the apartment, accounts, securities, business assets? It is important to specify clearly to prevent disputes between heirs.
Arrangements for the surviving spouse: Do they receive full ownership, a right of residence for life, or income from the assets? Each option has different tax and other implications.
Inheritance for the children: In equal shares among all children? To children from previous marriages? At a certain age? The mutual will allows all of this to be planned precisely.
Revocation mechanism: What happens if the couple divorces? What if the surviving spouse remarries? A properly drafted mutual will contains provisions for every scenario.
Frequently Asked Questions — Mutual Will
Answers to the most common questions about mutual wills in Israel
Mutual Will — Free Initial Consultation
Adv. Liron Yitzhak Elmaliach
33 HaShneim Asar, Pisgat Ze'ev, Jerusalem