Cross-Border Wills: Why You Need One in Each Country

Why One Will Is Not Enough

As an oleh, you likely have assets in at least two countries: Israel and your country of origin. A single will, no matter how well drafted, cannot effectively govern assets across multiple legal systems. Each country has its own probate process, legal requirements for valid wills, and rules about what can be distributed and how.

The fundamental problem: an Israeli court may not accept a foreign will without a lengthy legalization process, and a foreign court may not accept an Israeli will without similar procedures. Even when cross-border recognition is possible, it adds months of delay and significant legal costs during an already difficult time for your family.

The solution is to have a separate will in each country where you hold significant assets. Each will covers only the assets in that jurisdiction, using the local legal framework and language.

How to Structure Multiple Wills

The most important rule when creating wills in multiple jurisdictions: each will must be carefully coordinated so that they do not inadvertently revoke each other. A common mistake is including a standard revocation clause ("I hereby revoke all previous wills") in the second will, which then invalidates the first.

The correct approach:

Israeli will: Covers all assets located in Israel, including bank accounts, pension funds (though note beneficiary designations override the will for these), real estate, and Israeli investments. Written in Hebrew with an English translation for your records. Should explicitly state it covers only Israeli assets.
Home country will: Covers all assets remaining in your country of origin, including bank accounts, investment accounts, real estate, retirement accounts (401k, IRA, UK pensions, etc.), and any other property. Should explicitly state it covers only assets in that jurisdiction and does not revoke your Israeli will.
Third country will (if applicable): If you hold assets in a third country (vacation property, business interests, investments), consider a separate will for that jurisdiction as well.

US estate law is state-based, adding another layer of complexity. If you own real estate in a US state, that state's probate court has jurisdiction over that property regardless of where you live. US retirement accounts (401k, IRA, Roth IRA) pass by beneficiary designation, not by will. If you have not updated your beneficiary forms since making aliyah, the accounts may go to an ex-spouse, a deceased parent, or your estate (which triggers probate and potentially unfavorable tax treatment). US estate tax applies to worldwide assets of US citizens, even those living in Israel. If your combined worldwide estate exceeds the federal exemption ($13.6 million as of 2025), US estate tax could apply.

Pension and Insurance Beneficiary Designations

This is one of the most critical points for olim to understand: מוטב (Mutav) (beneficiary) designations on financial products override your will. This applies to:

Israeli pension funds (Keren Pensia): The beneficiary you designated when enrolling receives the pension death benefit, regardless of what your will says.
ביטוח חיים (Bituach Chaim) (life insurance): Insurance proceeds go directly to the named beneficiary.
Keren Hishtalmut: The designated beneficiary receives the balance.
US retirement accounts (401k, IRA): Pass by beneficiary designation under US law, not by your Israeli or US will.
UK pensions: Pass by "expression of wish" or "nomination" form.

The danger: many olim have beneficiary designations that predate their aliyah and no longer reflect their wishes. A will that says "everything to my spouse" does not override a pension beneficiary form that still names a parent or ex-partner.

Bank Account Access

When someone dies, bank accounts are typically frozen until the probate process produces an inheritance order or a validated will. This can leave the surviving family without access to funds for months.

Strategies to mitigate this:

Joint bank accounts: In Israel, a joint account holder can continue to access the account after the other holder's death (though the bank may restrict access temporarily). Maintaining a joint account with your spouse ensures continued access to household funds.
Foreign accounts: The freeze on foreign bank accounts can be even more problematic, as the foreign bank may not recognize an Israeli probate order without additional legalization. Consider keeping a modest balance in a joint foreign account for emergency access.
Power of attorney: A Continuing Power of Attorney (Yipui Koach Mitmascheh) allows a designated person to manage your financial affairs if you become incapacitated, but it terminates upon death. It does not solve the post-death access problem, but it covers the incapacity scenario.

Digital Assets

An increasingly important category that many wills overlook. Digital assets include:

Cryptocurrency: If you hold Bitcoin, Ethereum, or other digital currencies in a self-custody wallet, the private keys die with you unless someone knows how to access them. Include instructions for accessing crypto wallets in your estate documentation (not in the will itself, which becomes a public document).
Online accounts: Email, social media, cloud storage, subscription services. Many platforms have "legacy contact" or "inactive account" settings. Configure these.
Digital businesses: Websites, online stores, domain names, and digital intellectual property. Include these in your will and ensure someone has the credentials and knowledge to manage them.
Online brokerage accounts: Israeli and foreign brokerage accounts containing stocks, bonds, and funds. These follow the standard probate process but access credentials are still needed for the initial inventory.

Create a secure document (encrypted file, sealed envelope with your attorney, or a digital vault service) listing all digital accounts, access credentials, and instructions. Update it annually.

Finding a Cross-Border Attorney

Cross-border estate planning requires a lawyer who understands both Israeli inheritance law and the laws of your home country. Here is how to find one:

Israeli attorneys with international practice: Several Israeli law firms specialize in serving olim and maintain expertise in US, UK, and other common origin countries' laws. The Israel Bar Association can provide referrals.
Home country attorneys with Israel expertise: If you have an existing relationship with a lawyer in your home country, ask whether they work with Israeli colleagues on cross-border matters.
Olim community referrals: Organizations like Nefesh B'Nefesh (for English-speaking olim) maintain lists of recommended professionals. Facebook groups for olim from your country are also a good source of referrals.
Accountant referrals: Your Israeli tax accountant (who already handles your cross-border tax situation) likely works with estate planning attorneys and can provide a referral.

Expect to pay NIS 3,000-10,000 for a properly drafted Israeli will as part of a cross- border estate plan. This is a one-time cost that saves your family enormous hassle and expense if something happens to you.

Action Steps

Inventory your assets by jurisdiction: List every financial account, real estate holding, and significant asset, organized by the country where it is located.
Draft or update wills in each jurisdiction: Ensure each will explicitly covers only assets in that country and does not revoke wills in other countries.
Update all beneficiary designations: Review and update beneficiary forms on every pension, insurance, and retirement account in every country.
Create a master asset document: A single secure document listing all assets, account numbers, and access information. Share the location of this document with your spouse or trusted person.
Review every 2-3 years: Laws change, family circumstances change, and assets change. Schedule a regular review of your cross-border estate plan.