Legal Updates

A Prenuptial Agreement stipulating property separation must be supported by an appropriate will

July 24, 2023
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A couple signed a prenuptial agreement setting a complete segregation of property and shortly after their marriage the husband died intestate.

The The Supreme Court held that the prenuptial agreement does not exclude the woman from her right under law to inherit despite the property segregation stipulated therein. The Israeli Inheritance Law does not recognize transactions or agreements made regarding a person's inheritance during his lifetime and a prenuptial agreement can only determine the scope of the property but not what will be done therewith after death. Here, because there was no will excluding the wife from the husband's property, rather property segregation established only in the prenuptial agreement, upon the demise of the husband, the prenuptial agreement loses power and the inheritance will be under law. Therefore, the wife is entitled to half of the husband's property, as set by law..