Losing a spouse in war is a moment when everything stops, and along with trying to figure out how to move forward, many women are forced to deal with financial and legal questions, documents, and understanding rights.
Attorney Carmit Kofman, family law and divorce expert, seeks to clarify one of the most sensitive and least discussed issues of this period: a financial agreement in the event that a spouse has fallen, in order to remind us that legal certainty is not a privilege, but a basic human need. A financial agreement does not ease the pain, but may prevent further pain.
What happens to a financial agreement after death?
A financial agreement is not canceled upon the death of a spouse, and as long as the spouses have signed a valid financial agreement, which has been legally approved in a court or tribunal, the agreement continues to apply even after the death of one of them. In such a situation, the financial relations between the spouse and the heirs are not regulated according to the division established by law, but according to what is predetermined in the agreement. This is an anchor of certainty for many women whose reality has already been shaken. With the death of one of the parties to the agreement, the legal heirs step into his shoes with regard to the financial agreement, and there is no need to open a new proceeding against them; they are bound by the arrangements that were established as long as the agreement is valid.
A clear and approved agreement can prevent fights and disagreements precisely at a time when no one has the emotional or mental resources to deal with conflicts.
Why is the attacker so important?
Not every document signed between spouses is considered a valid financial agreement, and in order to be effective after death, it must be in writing, approved by a court or tribunal, and signed with free will and understanding of its meaning. An agreement that has not been legally approved may be considered invalid, and then the law of inheritance determines the division of property, even if this was not the intention of the spouses. In order to complete the indication between the spouses regarding the sharing of property, they need to draw up a will in which clear instructions are given regarding the future of the assets after the death of one of the parties, in accordance with what was agreed upon.
In a financial agreement.
And what about inheritance?
Even in the case of death, the ruling states that a valid financial agreement prevails over the inheritance law, because the agreement reflects a conscious desire of the couple to settle their property, and there is a clear public interest in respecting this desire, especially in order to reduce disputes after death.
So what's important to know – at a pace that suits you
There is no need to act immediately, and there is no expectation to understand or sort everything out at once. However, there are a few points that are important to recognize:
• If a financial agreement was signed in the past, you need to know where it is.
• For the agreement to be valid after death, it must be in writing and approved by a court or tribunal.
• Explicit reference in the agreement to deaths creates certainty.
• Gifts, inheritances, and joint accounts should appear in the agreement, distinguishing between assets from before and after the marriage.
• In the event of death, the legal heirs step into the shoes of the deceased spouse in all matters relating to the financial agreement.
• It is permissible to stop. There is no “right” pace, and there is no obligation to act immediately.
Between mourning and bureaucracy
In a reality where women are required to regroup while dealing with grief, children, work, and rehabilitation, legal information about bereavement must be made accessible as part of strengthening our social resilience.
The encounter with bureaucracy is exhausting, even more so in a sensitive situation like bereavement. There is a gap between the reality of the emergency and the routine rules in which public mechanisms operate. The tears have not yet healed, and not everyone has the mental fortitude to engage in the rights they have in such a terrible case. Therefore, there is a systemic responsibility to make legal knowledge accessible and explain it sensitively in order to relieve anyone who feels a lack of grip.
The writer: Attorney Carmit Kofman, family law and divorce expert.
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