The Importance of Drafting a Will and Lasting Power of Attorney During Divorce

Attorney Daniel Wigler
10 בספט׳
זמן קריאה 2 דקות

Divorce is rarely a swift or simple process. It often follows years of emotional strain, internal conflicts, and personal hardship. Once the decision to separate is made, the legal proceedings begin—focusing primarily on child custody, child and spousal support, and the division of marital assets. However, many people overlook two critical legal tools during this process: a last will and testament and a lasting power of attorney (LPA).

Why a Will Is Essential During Divorce

Until a divorce is finalized and legally binding, spouses are still considered legal partners in the eyes of the law. Under Section 11 of the Israeli Inheritance Law, this means that a surviving spouse may inherit half—or even two-thirds—of the estate, as well as full ownership of the family home. This can lead to an unwanted and even absurd legal outcome if one spouse passes away during the divorce process.

To avoid such scenarios, it is vital to draft a new will or update an existing one as soon as divorce proceedings begin. The will should clearly state your wishes, name your desired beneficiaries, and explicitly exclude the estranged spouse if that aligns with your intent.

The Risks Without a Lasting Power of Attorney

Another overlooked but equally critical document during divorce is the lasting power of attorney (LPA). This legal instrument allows an individual to appoint someone they trust to manage their personal, medical, and financial affairs should they lose the capacity to do so themselves.

Without an LPA, the court may appoint the estranged spouse as the legal guardian—even if the couple is in the middle of a contested divorce. To prevent this, it is crucial to sign an LPA that designates a reliable and appropriate individual to make decisions on your behalf in times of need.

Holistic Legal Support for Complex Family Situations

Attorney Daniel Wigler brings years of experience navigating the complexities of divorce, inheritance, and guardianship law in Israel. Known for his meticulous legal strategy and compassionate client care, Attorney Wigler provides comprehensive support through every stage of divorce—while also planning for long-term financial and legal stability.

He is particularly experienced in helping clients:

Draft and revise wills tailored to their family and financial situation
Protect minor children’s inheritance rights
Avoid unwanted guardianship appointments
Secure legal clarity and peace of mind

Attorney Wigler strongly advises clients undergoing divorce to not delay estate and guardianship planning. Divorce doesn’t only affect the present—it reshapes the future. Proper legal planning ensures that your voice is heard, even in unforeseen circumstances.