Israeli Supreme Court Rules on Inheritance Division for Half-Siblings

The Supreme Court of Israel has ruled that inheritance will not be divided equally between full siblings and half-siblings. Justice Yael Vilner upheld a Jerusalem Family Court decision, which was affirmed by the District Court, establishing that a full sibling is entitled to a larger share of an estate than a half-sibling when the deceased died without a will and their parents predeceased them.

The case involved a man who died in 2023, unmarried and without children, whose parents had passed away years earlier. His full brother requested that the court grant him 75% of the inheritance, while his half-brother (sharing only the mother) would receive 25%. The Family Court granted this request, a decision now affirmed by the Supreme Court.

Justice Vilner explained that according to Israel's Inheritance Law, the deceased's parents would have inherited equally. Since the parents were deceased, their children would inherit in their place under the principle of representation. The court first conceptually divided the estate equally between the parents. Then, the full brother inherited the father's entire share and half of the mother's share, totaling 75% of the estate. The half-brother inherited only the other half of the mother's share, amounting to 25%.

Vilner stated that the Inheritance Law does not mandate equal division between full siblings and half-siblings, a conclusion supported by the law's text, purpose, and principles of equality. This outcome, she noted, stems from the principle of representation ensuring equality among the deceased's direct heirs (the parents) and subsequently among the siblings relative to their respective parents. The appellant was ordered to pay 10,000 shekels in expenses. Justices David Mintz and Alex Stein concurred with Vilner's decision. The appellant was represented by attorney Shai Shapira, and the respondent by attorney Eitan Levit.