Unlike in other jurisdictions, the appointment of an executor is not required under Israeli law. Indeed, if the estate is small or straightforward, it is probably not necessary, albeit that an executor can assist in the efficient distribution of the estate. The appointment of an executor can add considerably to the costs of winding up an estate, as the executor is required to file with the Administrator General’s Office (האפוטרופוס הכללי) an inventory of all the estate’s assets and an annual report of his dealings with those assets, as well as various applications to the court.
When ought an executor to be appointed?
One or more executors ought to be appointed under your Will, in cases where complications can be foreseen, e.g. in cases of potential disputes between beneficiaries, such as where the testator has children from a previous marriage. Even such cases may not require the appointment of an executor – I once had the good fortune to be inspired by an elderly couple (his second marriage with children from his first wife, her first marriage with no children), where it was clear that the new wife got on so well with the children of her husband’s first marriage that she wanted to leave 90% of their assets to them!
An application to appoint an executor would need to be made, for example, when one of the beneficiaries cannot be traced.
For further advice and assistance in making an Israeli or UK Will, feel free to contact Simon: 0737-40-60-40 / 0545-742-374 / simon@jacksonadvocates.net
