At Seuda Shelishit (the third meal of Shabbat) we discussed the concept of wills. According to civil law – if a person dies intestate – without a will – apparently the remaining assets are given to the remaining family members.
Clarifying Who Receives What
It is good to make a will. It clarifies what should be given to whom. It prevents bad blood between family members. One should be aware of the differences of a Jewish will – according to Halacha (Jewish Law) or a Halachic will and a civil will.
What Parties Receive what in a Halachic Intestate Case
According to halacha – the wife gets her ketuva (marriage document) amount and the the sons inherit the rest. The daughters – since they are expected to marry and be taken care of by their husband – will not receive a portion. The first born male recieves a double portion. Three boys & one million dollars. Boy 1 gets $500k and 2 & 3 get $250k.
How to give Money to Others : Do it Before the last Moment
So what is there to do if you want a Halachic will and want to give to your other children – like your daughters – you write in your halachic will 1 hour before he dies he is giving a gift to Devorah of $1 million. Thus he is giving before he dies and thus it is a gift while he is alive. Obviously you must consult your local Orthodox rabbi to make sure the will is correct according to halacha.
Giving For Torah Causes
You can do the same for a Jewish Torah organization – he writes one hour before one dies he gives $1 Million for Torah Education to this particular institution with EIN number. Consult a lawyer what are the civil legal repercussions of writing such a will. You want the Will to be legal and authoritative according to the court of Jewish Law and secular courts. Usually a court cannot deny a gifting letter. In Jewish law – two witnesses signing on the document is more authoritative than a simple signature. Apparently it should be also in a court of law – as anyone can claim that the document was a forgery.
The Beit Din vs the Secular Courts
A Jew should not take another Jew to a secular court for a dispute. One should go to a Torah court – where the Rabbis rule according to Torah law. If one party refuses to attend – the Jewish court gives an Ishur – a permission slip to go to the secular courts for adjudication. As in arbitration the decision of a Jewish court can be binding in civil law as an arbitration agreement. This is one aspect to be concerned about if there is any disputes between Jewish parties.
The Importance of Giving for Torah Education
Giving for Torah education is really a must. People leave billions of dollars to universities. Their coffers are overloaded with funds – while some Torah institutions struggle to pay their rebbeim. Giving to Torah education is giving for Jewish continuity – for a Torah education is the most potent of all ways to assure Jewish continuity. Some give 5% or more of their assets to Torah institutions. It is not radical — as some secular moguls say they will give the majority of their wealth to secular causes.
This is what I got from AI.
Drafting a will to leave 5% of your estate for Torah education is a straightforward process, but it requires careful legal drafting to ensure your wishes are carried out correctly. For individuals adhering to Jewish law (\(Halacha\)), creating a separate document known as a Halachic Will is also essential to address specific Jewish inheritance rules.
Disclaimer:
This is for informational purposes and is not legal advice. You must consult with an estate planning attorney and a qualified rabbi to ensure your will is valid and your wishes are honored according to both civil and Jewish law.
How to make the bequest in a standard will
A will must be created and executed according to your local laws. An estate attorney can help you with this. The following is sample language for a bequest. Specify the bequest: Clearly state that you are leaving a specific percentage of your estate to charity. Using a percentage is often recommended over a fixed dollar amount, as it automatically adjusts for changes in the total value of your estate.Identify the beneficiary:
Be very specific about which organization should receive the donation.
For a bequest directed toward “Torah education,” you should name a specific yeshiva, synagogue, or Jewish communal fund.Provide an Employer Identification Number (EIN): To avoid confusion, provide the organization’s EIN, which can be found in the IRS database.
This is particularly important if there are multiple charities with similar names.
Allow for discretionary use:
If you want the gift to be used for the most pressing need, include wording that gives the organization some flexibility in how it uses the funds.
Sample language for a civil will “Five percent (5%) of the residuary estate is given, devised, and bequeathed to [Full, Official Name of Organization], a [State of Incorporation] nonprofit corporation, with its principal place of business at [Street Address], and its Federal Tax Identification Number [EIN]. This gift is for the unrestricted charitable use and purpose of Torah education.”
Integrating Jewish law with a Halachic Will Those who wish for their bequests to be executed according to Jewish law should draft a Halachic Will (sometimes called a Shtar Halfek).
According to Jewish law (\(Halacha\)), a secular will may be invalid, particularly regarding the distribution of assets to heirs. The Halachic Will works with your civil will to ensure that your charitable wishes and the distribution of assets among your heirs align with Jewish law. Consult a rabbi and an estate attorney:
Coordinate these documents with professionals who understand both civil and Jewish law. Do not draft a Halachic Will without rabbinic guidance.Include specific Halachic clauses: The Halachic Will must contain specific legal language and provisions that address potential conflicts with civil law and ensure your requests are carried out.
Explain the charitable purpose:
The Halachic Will can further clarify your intent for the 5% bequest toward Torah education.
Address inheritance discrepancies:
It will also address the differences between civil law, which often divides an estate equally among all children, and Jewish law, which has a different inheritance order (e.g., sons may inherit before daughters).
Key considerations Legal validity:
A properly drafted will is crucial for preventing family disputes and ensuring your intentions are carried out. Working with an attorney ensures your will meets all local legal requirements.
Informing your family:
To reduce the risk of a contested will, inform your family members of your charitable intentions.Notifying the charity: Informing the receiving organization about your planned gift can be beneficial. This allows the organization to thank you and prepare for the future gift. This is typically optional.