Family Relocation from Israel: The Legal Checklist - Documents and Apostille, Parental Consent, Wills and a Lasting Power of Attorney

Families planning a relocation usually start with the visa, the apartment and the school. On the legal side there is another list, and most of it has to be closed in Israel before the flight: documents that are hard to obtain remotely, agreements between the parents, tax and National Insurance decisions, and arrangements for the property that stays here.

This checklist is general and suits any destination country. For a move to Romania, see the legal checklist for family relocation to Romania, which also sets out the local procedures. We have written about tax residency and exit tax in a separate guide on ending Israeli tax residency on relocation.

1In what order do you handle the legal side of the move?

Starting from the thing that determines everything else: the status route in the new country. The list of documents follows from it, the timetables for apostille and translation follow from that list, and in parallel you deal with the children, tax, National Insurance and property.

2Which documents should you prepare, and how are they authenticated?

Most authorities abroad will require Israeli personal status documents. Israel is a party to the 1961 Hague Convention abolishing the requirement of legalisation for foreign public documents, and according to the Hague Conference status table, Greece, Cyprus, Bulgaria, Romania, Italy, Portugal, Ukraine and the USA are also parties to it. An Israeli document is therefore authenticated with an apostille stamp, without consular legalisation.

• Birth certificates for all family members, especially the children.
• A marriage certificate, and if relevant a divorce judgment or certificate and an approved divorce agreement.
• Criminal record certificates for adults, where the route requires them. Some authorities require recent validity, so obtain them close to filing.
• Education and professional certificates, where the route or professional recognition requires them.
• The children's documents: school reports, medical file and vaccination record.
• Powers of attorney and property documents, if you will need to act on assets in Israel remotely.

Each country decides on translation under its own law: some countries accept an Israeli notarial translation, and some require a local sworn translator. The usual order is apostille first and translation afterwards, so that the stamp is translated too. For the practical details, see the guide to apostille and translation of Israeli documents.

3Do you need the consent of both parents to move with the children?

Yes. Under section 14 of the Legal Capacity and Guardianship Law, parents are the natural guardians of their minor children, and under section 18 they must act by agreement in every matter within their guardianship. Moving a child's place of residence to another country is such a decision. When there is no agreement, the decision passes to the Family Court.

Israel adopted the Hague Convention on the Civil Aspects of International Child Abduction in the Hague Convention (Return of Abducted Children) Law, 5751-1991. The Convention applies to a child whose habitual residence was in a member state, until the child reaches age 16. A child who was wrongfully removed or retained, i.e. in breach of another parent's custody rights, will as a rule be returned forthwith if proceedings are commenced within less than a year. Even after a year the court will order the return, unless it is shown that the child is now settled in the new environment.

4What should the agreement between the parents include?

• The country and city you are moving to, and the date of the move.
• Whether the move is permanent or for a defined period, and what happens at its end.
• The school or educational setting, and the language of instruction.
• Arrangements for time and visits with the parent who stays, if one stays, and who pays for the flights.
• Child support and living costs, and the currency in which they will be paid.
• What happens if one parent wants to return to Israel: an advance notice mechanism and recourse to mediation before going to court.
• In which country a forum will hear a future dispute, subject to the applicable law.

When the parents are divorced or separated, an existing agreement approved by a court may require amendment with the court's approval. In any case it is worth checking in advance what the law is in the destination country, because the courts there will have to deal with the agreement if a dispute arises.

5What do you do about your driving licence?

There is no single rule. Each country decides whether an Israeli licence is recognised for temporary driving, for how long, and whether it can be exchanged for a local licence without a test or only after a test. In Romania, for example, Israel appears on the list of countries whose licences are exchanged without a test, and in other countries the conditions differ. Before the move, it is worth renewing a licence that is about to expire, checking the exchange rules in the destination country, and finding out what will happen to the Israeli licence after the exchange.

6A will in two countries: which law will govern the succession?

The move changes the answer under Israeli law too. Section 137 of the Succession Law provides that succession is governed by the law of the deceased's domicile at the time of death, and section 138 provides that assets which pass by inheritance only under the law of the place where they are located are subject to that law. Section 140 recognises a will as formally valid if it is valid under one of several laws, including Israeli law, the law of the place where it was made and the law of nationality.

In EU countries, the European Succession Regulation 650/2012 applies to the estates of persons who died on or after 17 August 2015, in all countries except Denmark and Ireland. Under Article 21, in the absence of a choice, the law of the state in which the deceased had their habitual residence at the time of death applies. Under Article 22, you can choose in a will the law of a state whose nationality you hold, including Israel.

• Two coordinated wills. An Israeli will for assets in Israel and a local will for assets in the new country, with an express clause that neither revokes the other.
• Choice of law. If you want Israeli law to govern the succession in an EU country, write this expressly in the will.
• Forced heirship. In some destination countries, family members have a right to a reserved share that does not depend on the will. See A will for an Israeli who owns property in Romania.
• USA. A move to the USA also raises estate tax questions. See US estate tax for non-residents.

7Why sign a lasting power of attorney before leaving?

A lasting power of attorney allows you to appoint in advance a person who will act on your behalf if you lose the ability to understand a particular matter in the future. Under section 32B of the Legal Capacity Law, it can cover personal matters, property matters, or both. For the attorney to be able to act under it, the power of attorney must be deposited with the Administrator General, and notice of its entry into force is required. It is signed before a lawyer certified for this purpose.

For a family moving abroad this has a double significance: the elderly parents who stay in Israel, and your assets that stay here. An Israeli lasting power of attorney is recognised in Israel, but its recognition abroad is not automatic. For routine transactions, such as selling or letting an apartment, an ordinary notarial power of attorney is usually signed, and some countries have special form requirements. See A power of attorney for a real estate transaction in Romania.

8What do you do with your pension, study fund and bank accounts in Israel?

• Pension and provident funds. The savings stay in the fund. Update your address, contact details and beneficiaries, and check with the fund what happens to contributions when employment in Israel ends. An annuity paid in the future by an Israeli fund is income derived in Israel under section 4A of the Ordinance, and the tax treaty may determine which country taxes it.
• Study fund (keren hishtalmut). Check when the fund becomes liquid and whether it makes sense to withdraw before or after the move, with an accountant, because the withdrawal may be taxable in the new country too.
• Bank accounts. The bank will ask for a declaration of your tax residency and an update when it changes. Israel implements the CRS standard, so the information may be passed to the tax authority of the new country.
• Money transfers. The bank will check the source of funds on large transfers. See When the bank delays a transfer abroad.

9What about the apartment that stays in Israel?

An apartment in Israel remains taxable in Israel even after the move. The rent is income derived in Israel, and section 122 of the Ordinance allows an individual to pay 10% tax on rent from a residential apartment in Israel, without deducting expenses. Section 170 requires anyone paying income to a non-resident to withhold tax from it, so it is worth arranging the payment method and withholding certificates in advance.

On a sale, the exemption from Israeli capital gains tax on real estate (mas shevach) for a residential apartment under section 49A of the Real Estate Taxation Law applies to a non-resident only if they have no residential apartment in the country where they are resident, and they must provide confirmation of this from the tax authorities there. See Property abroad and a single apartment in Israel. To manage the letting remotely, it is worth signing a power of attorney in favour of a family member or a management company.

10National Insurance and health insurance: what do you decide?

National Insurance (Bituach Leumi) determines residency under its own rules. According to the Institute, a person who leaves remains registered as a resident for the first five years and is entitled to benefits and state health insurance, unless they request early termination, and such a request is examined for the entire family unit. In the new country, most status routes require local or private health insurance already at the filing stage, so arrange it before landing.

11What about reserve duty and the children's service obligation?

Anyone serving in the reserves should clarify their obligations with their unit and with the IDF before a long stay abroad, including updating their address. As for the children: it is generally accepted that children who moved abroad with their parents before age 16 can apply for the status of “children of emigrants”, but the status is not automatic and is arranged with the IDF, usually through the Israeli mission, around enlistment age. The rules change, so check them with the consulate before planning long visits to Israel.

12The list of actions in order

1. Choose a status route in the destination country and obtain the list of documents from the consulate or the local authority.
2. Meet an accountant to plan tax residency, exit tax and the apartment in Israel.
3. Written consent of both parents to moving the children's place of residence, and if needed, amendment of an existing agreement with court approval.
4. Obtain birth, marriage and divorce certificates and criminal record certificates, apostille and translation according to the destination country's requirements.
5. An updated Israeli will, and planning a will in the new country with a choice of law if relevant.
6. A lasting power of attorney and a notarial power of attorney for actions in Israel.
7. A decision on National Insurance, and health insurance for the new country.
8. Update banks, pension funds and study funds on your address and tax residency.
9. Arrangements for the apartment in Israel: a lease, a power of attorney for management, and the method of reporting and paying the tax.
10. Check with the IDF on reserve duty and on the children's status.
11. After landing: status registration, tax residency registration, exchanging the driving licence and enrolling the children.

This guide is general information correct as of November 2026, and every family needs a review of its own circumstances in Israel and in the destination country.

More on relocation: Ending Israeli tax residency · Moving abroad with an Israeli company or business

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