A person obviously does not take his worldly possessions with him after his passing. His estate is inherited by his children in accordance with the relevant halakhot, or he can write a will in his lifetime and thereby determine how his estate is divided. It is important to note that the halakhot of inheritance do not correspond to the civil laws of inheritance. Advanced planning is advised in order to ensure that the estate is divided peacefully and in a manner that accounts for halakha.

These are the main differences between the laws of inheritance in Jewish law and the inheritance laws of many countries: By Torah law, a father’s firstborn son receives a double portion of inheritance compared with the individual portions of each of the other sons; daughters do not inherit unless the deceased had no sons; a wife does not inherit her husband’s inheritance. By contrast, according to common civil laws of inheritance, the inheritance is divided equally between the surviving spouse and the children, with the spouse receiving one half, and each of the children, sons and daughters alike, receiving an equal share in the remaining half.

According to civil law, a written and signed will overrides the inheritance laws. In his will, one may instruct that his estate be divided however he sees fit. He can bequeath an extra portion to his firstborn son; he can stipulate that only his sons, and not his daughters, will share the property; he can favor a certain son over the others; he can bequeath his assets to his daughters alone; he can even exclude his children from his property entirely and leave everything to a total stranger or an institution.

From a halakhic perspective, if one distributes his assets to others and does not leave his children any inheritance at all, it is stated that “the Sages are displeased with him” (Bava Batra 133b), and the general directive to those who are around him is not to cooperate, and not to sign such a will. A document that is not signed by two witnesses is invalid.

Moreover, long ago the rabbis were aware of possible tensions and rivalries that could result from an unequal distribution of an inheritance among family members. They therefore recommended that each person distribute his or her property as equally as possible, by writing a will that does not discriminate against any of the sons or daughters. A written will is an entirely acceptable option by Torah law. Nevertheless, in order not to uproot entirely the laws of inheritance prescribed by the Torah, the rabbis recommended leaving out of the will a symbolic sum of money to be divided according to the Torah’s principles of inheritance.

Further reading: For statements of the Sages on treating family members equally and the inadvisability of disinheriting a child, see A Concise Guide to the Sages, p. 405.

Writing a will is a complicated matter, both halakhically and legally. In order for a will to be executed according to Jewish law, it must stipulate that the assets are acquired by those to whom they have been bequeathed before the death of the individual writing the will. This is because the halakhic laws of inheritance take effect immediately upon death, and at that point a will is no longer effective to remove assets from the rightful heirs. By contrast, according to secular law, a will can take effect even after death, and it overrides the laws of inheritance. Since the halakhot of inheritance do not accord with local inheritance laws, as stated above, it is necessary to write the document in a way that will be binding both legally and halakhically.

In light of this complexity, and to prevent potential conflicts among the heirs, it is recommended to consult with experts in the field who are familiar with all the relevant halakhic and legal aspects of wills and inheritance.