Court Invalidates Will of 108-Year-Old Woman That Favored Her Daughter
The Kiryat Gat Family Court invalidated a later will made by the owner of an agricultural farm, in which she bequeathed her property to one of her six children. The court ruled that the daughter, who was the principal heir, had participated in preparing the document.
Key facts
- •Case No. 37406-07-22
- •Kiryat Gat Family Court
- •The later will was prepared in 2013
- •The testator died in 2018 at the age of 108
- •Approximately NIS 60,000 in legal costs
Dispute Among the Six Children
The head of the family died in 2010, and the mother died in 2018 at the age of 108; she had been diagnosed with Alzheimer’s disease and suffered functional decline. In a will from 2010, she bequeathed all her property to her son B. Three years later, the woman signed a new will before an attorney: the farm and the rest of the property were transferred to her daughter A, while sons Y and B were granted a personal right of residence.
Why the Will Was Declared Invalid
Judge Diana Basso-Wago ruled that daughter A and her brother Y participated fully in preparing the draft, and that A dictated most of the text delivered to the attorney. The court explained that preparing a complete text, giving detailed instructions to the attorney, actually drafting the content, or controlling the process may constitute an heir’s participation in preparing a will and lead to its invalidation. It was also noted that the statements were not translated for the mother, who spoke only the Tunisian dialect of Arabic and understood little Hebrew.
Additional Claims and Consequences of the Decision
The court rejected the claim of undue influence because it was not proven that the mother did not understand what was happening around her. The waiver signed by the children regarding the first will was not recognized as a legally valid waiver; the court ruled that the document had been signed based on the mistaken assumption that the later will was valid. After it was invalidated, the first will favoring son B remained valid, although he will still be required to apply for an order to probate it.
Legal Costs and Possible Appeal
The daughter was ordered to pay her siblings approximately NIS 60,000 in legal costs. Her attorney said that the possibility of appealing the decision was under consideration. The date of the decision was not stated in the materials provided.
What this means for you
A future heir’s participation in preparing the text of a will, conveying instructions to the attorney, or controlling its drafting may lead to the document’s invalidation. The independence of the process and ensuring that the testator understood the document’s contents are especially important, including in cases requiring translation.
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