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Inheritance Law - Transactions in Future Inheritance and Mutual Wills (2006)

Co-Authors:             Attorney Ilanit Shabat (Halfon) & Attorney Oren Shabat     
Publisher:                 Perlstein Genosar Ltd.
Publication year:      2006 (Tel Aviv, Israel)
Cover:                      Hardcover, 500 pages
The Law book on Inheritance law, written by Attorney Ilanit Shabat (Halfon) and Attorney Oren Shabat is a unique law book in the field Inheritance Law.

Two main legal subjects are discussed in the book, with an in-depth analysis by the authors:
(a) Transactions in Future Inheritance, and
(b) Mutual Wills

These subjects are standing at the center of a legal debate in Israeli Law, particularly in light of the vast interest they attract in the context of family financial planning; and as a consequence of Amendment No.12 of the Israeli Inheritance Act, which anchored new Article 8A in the Inheritance Act.

♦ Transactions in Future Inheritance

The subject of transactions in future inheritance encompasses a long list of issues that relate to a person's freedom to make agreements or dispositions regarding his property, which will take effect after his death, though not through a Will.

As a result of the  relatively modest literature existing in the field of transactions in future inheritance, there is very little awareness about the enormous potential that underlies Article 8 of the Inheritance Act, which makes void any legal act falling within the scope of this Article.

In this context, the book provides a meaningful tool for the identification of such potentially void legal acts and in understanding the meaning of Article 8 of the Inheritance Act.

There are several channels to overcome the prohibition on making transactions in future inheritance. Such channels are exhibited by the authors in a detailed and thorough manner. Readers are given an overall picture and an in-depth interpretation of the provision of the Act, for academic as well as practical purposes.

♦ Mutual Wills

Four decades after the enactment of the Inheritance Act -1965, the Mutual Wills have finally gained legislative consideration with Amendment No.12 of the Inheritance Act. The said amendment provides a special legal arrangement for the drafting and revocation of Mutual Wills. Previous to Amendment No. 12, which anchors new Article 8A in the Inheritance Act, Mutual Wills were developed by the practice of both testators as well as attorneys, however it reached only a limited development. The drafting of a Mutual Will was not in harmony with central provisions of the Inheritance Act and such Mutual Wills stood, to a large extent, in conflict with such provisions.

In light of the above, many disputes pertaining to Mutual Wills drafted before Amendment No.12 of the Act are expected to arise in future and reach the Courts.

The authors discuss the various flaws that fell in the enactment of Amendment No. 12 and analyze the potential complication that could arise as a result  of such faults. Furthermore, the authors propose legal solutions to these complications, which, in view of the authors, are the right solutions within the general legal context, in Israeli Inheritance Law.

The drafting and revoking of Mutual Wills, in light of Amendment No.12 of the Inheritance Act without a thorough study of the flaws that fell in the enactment proceedings of Article 8A of the Inheritance Act, may, no doubt, lead to complications, both among those who decide to make Mutual Wills as well as among those who decide to revoke such wills. In this sense, the book provides legal practitioners as well as jurists extensive information and knowledge about case law in the field of Mutual Wills (also prior to Amendment No.12), on the legislative proceedings prior to Amendment 12 of the Act, and interpretation thereof. The book provides a primary reference to Judge Tirkel's Committee work, which is entrusted in elaborating the Chapter on Inheritance Law in the Israeli Civil Code.

The book was acquired by the Administration of Courts of the State of Israel, by leading Israeli Law Firms and various Government Offices. It was also acquired by all of the Law and University Libraries in Israel and is being quoted in  judgments of the Family Courts, District Courts and the Supreme Court of Israel.

Among the main topics in the book:

Chapter A: Transactions in Future Inheritance
  • Inheritance Act Bill of 1958
  • Legal Interpretation to Article 8 of the Inheritance Act of 1965
  • Implementation of Article 8(a) of the Inheritance Act in cases of special     particularity
  • Article 8(b) of the Inheritance Act
  • Legal Channels to Overcome the Provisions of Article 8 of the Inheritance Act
  • Jewish Law
  • Proposals for Improving  the Existing Legal State
Chapter B: The Freedom to Testate
  • Article 27 of the Inheritance Act: The Freedom to Testate
  • Irrevocable Powers of Attorney to Ensure The Execution of a Will
  • Provision of Consideration in return of the Subject of the Will within Contractual frameworks
  • The Relationship between Article 4 of the Gift Act 1968 and Article 27 of the Inheritance Act
  • Legal validity of a Will which encompasses Provisions Contrary to Article 27(b)  of the Inheritance Act
  • The Relationship between Property Relations Act 1973 and Article 27 of the Inheritance Act
Chapter C: Mutual Wills in Case Law Preceding Amendment No. 12 of the Inheritance Act
  • Mutual Wills and Joint Wills - Definitions
  • Adoption of Mutual Wills into the provisions of Articles 28 - 35 of the Inheritance Act  
  • The Reliance Interest in Mutual Wills
  • Drafting and Revoking Mutual Wills
  • Interpretation of Mutual Wills
  • Mutual Wills encompassing "Heir To Be Followed by Another Heir" and "Heir Substituting Another Heir" Arrangements
Chapter D: Amendment No. 12 of the Inheritance Act
  • -The Legislative Proceedings prior to Amendment No. 12
  • -Interpretation to Article 8A of the Inheritance Act
  • -Drafting and Revoking Mutual Wills
  • -The Obligation of Denunciate and Reinstate following the Revocation of a Mutual Will
  • -The Scope of Amendment No. 12 in the Context of "Common Law Marriage" and Same-Sex Couples
  • -Legal State of Mutual Wills made Before Amendment No. 12
  • -Conditioning on the provisions of Article 8A Inheritance Act
  • -Mutual Wills encompassing "Heir to Be Followed by Another Heir" and "Heir Substituting another Heir" Arrangements
  • -The Relationship Between Amendment No. 12 and Articles 35 and 36 of the Inheritance Act
  • -Mutual Wills in the Civil Code
Chapter E: Comparative Law - English law


Click Here to download a brief summary of the book (in Hebrew)
List price: NIS 595.00
Price: NIS 595.00
Shipping price (in Israel): 15.00 ₪
Delivery time: immediate
Terms of delivery: Immediately after payment

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