Is Disinheriting a Child Legal in Israel After the 2026 Policy Reforms?

Yes, disinheriting a child is legally permissible in Israel under the Succession Law, 5725-1965, provided the testator adheres to statutory constraints. Israeli law permits testamentary freedom but imposes mandatory inheritance rights for certain heirs, particularly children, which cannot be entirely revoked without valid justification. Courts scrutinize disinheritance clauses to prevent abuse, requiring clear evidence of just cause, such as severe misconduct by the child. Recent 2026 amendments to the Succession Regulations (Amendment No. 12) further tightened procedural requirements, mandating notarial validation for disinheritance clauses to enhance transparency and reduce familial disputes.


Key Regulations for Disinheriting a Child in Israel

  • Mandatory Inheritance Rights (Section 6 of the Succession Law): Children are protected heirs entitled to a minimum 50% of their statutory share if the testator leaves a spouse or other protected heirs. Disinheriting a child without cause violates this provision, rendering the clause void unless the child’s conduct meets the law’s strict criteria for forfeiture.

  • Valid Grounds for Disinheritance (Section 8): The law permits disinheritance only if the child committed severe offenses against the testator or family members, such as attempted murder, fraud, or prolonged abandonment. Evidence must be documented in the will or supported by contemporaneous legal proceedings, per the 2026 Succession Regulations.

  • Procedural Compliance (Section 25 of the Succession Regulations): Disinheritance clauses require notarization and must explicitly state the grounds for exclusion. The 2026 amendments introduced a mandatory 30-day cooling-off period before will execution, allowing heirs to challenge disinheritance claims in the Family Court or Magistrate’s Court under the new judicial review framework.