Israeli Supreme Court Rules Unequal Inheritance for Half-Siblings

The Supreme Court of Israel has ruled for the first time that inheritance will not be divided equally among full and half-siblings when a deceased person leaves no will and their parents have already passed away. Justice Yael Vilner, adopting a previous ruling by the Jerusalem Family Court, stated that full siblings will receive a larger share of the inheritance than half-siblings.

The case involved a man who died in 2023 without a spouse or children, and whose parents had predeceased him. His full brother petitioned the court to receive 75% of the estate, leaving only 25% for his half-brother (sharing only the mother). The Family Court granted this request, and the Supreme Court upheld the decision.

Justice Vilner explained that under Israel's Inheritance Law, when a person dies without a will, their parents are the primary heirs. If the parents are deceased, their children inherit in their place through the principle of representation. The court first notionally divided the estate equally between the deceased's parents. Then, applying the principle of representation, the children of each parent inherited that parent's share. Since the full brother inherited through both the father's and mother's shares, he received three-quarters of the estate. The half-brother, inheriting only through the mother's share, received one-quarter.

Vilner emphasized that this outcome aligns with the wording and purpose of the Inheritance Law, as well as the principle of equality enshrined within it and common legal practices abroad. She clarified that the unequal distribution stems not from a bias against half-siblings, but from the principle of representation ensuring equality among the deceased's direct heirs (his parents) and then among the siblings relative to their respective parent.

The Supreme Court dismissed the appeal, ordering the appellant (the half-brother) to pay 10,000 shekels in expenses. Justices David Mintz and Alex Stein concurred with Vilner's ruling. The half-brother was represented by attorney Shai Shapira, and the full brother by attorney Eitan Levit.