Supreme Court Rules Full Siblings Receive Larger Share in Inheritance
The Israeli Supreme Court ruled that inheritances are not split equally between full and half-siblings. Applying the principle of representation, a full sibling receives 75% of an estate while a half-sibling receives 25%.
The Supreme Court has ruled that inheritances will not necessarily be divided equally between full siblings and half-siblings, upholding lower court decisions in a landmark property case.
The Legal Principle Behind Inheritance Division
Justice Yael Wilner affirmed the previous rulings from the Jerusalem Family Court and the District Court, concluding that a deceased individual's estate should be distributed based on the statutory order of succession and the principle of representation. The case involved an unmarried man who passed away in 2023 without leaving a will, and whose parents had predeceased him.
According to the ruling, the estate is first divided notionally between the deceased's parents. Because the parents passed away before their son, their respective shares pass down to their children through the principle of representation enshrined in Israel's Succession Law. Consequently, a full sibling who shares both parents with the deceased inherits 75% of the estate, while a half-sibling sharing only one parent receives 25%.
"This arrangement may lead to an unequal division between siblings from one parent versus siblings from both parents; however, this outcome stems from the principle of representation, which ensures equality among the direct heirs," Justice Wilner emphasized.
Court Costs and Legal Representation
The Supreme Court Justices David Mintz and Alex Stein concurred with Wilner's ruling. The appellant was ordered to pay legal costs amounting to 10,000 shekels. The appellant was represented by attorney Shay Shapira, while the winning full sibling was represented by attorney Eitan Levit.
