Court Upholds Gift of Apartment to Son Despite Contrary Will

A father of three transferred his apartment to one son as a gift shortly before his death, even though his 2008 will divided all his property equally among his three children. The sisters sued the son in family court in Petah Tikva, arguing that the transfer was coerced, that their father was vulnerable, and that the apartment should still be treated as part of the estate because the registration was completed only after his death.

Judge Efrat Venkert rejected the claim and ruled that the apartment was not part of the inheritance. She found that the gift was validly made through a gift declaration and an irrevocable power of attorney signed by the father, which allowed his lawyer to complete the transfer after death. The court said there is no legal requirement for the lawyer to notify the Land Registry of the donor’s death before finishing the registration.

The court also accepted medical evidence showing that the father signed the gift documents one day after a psychogeriatric specialist found him fully alert and cognitively clear. The judge wrote, "I determine that the deceased was medically and cognitively fit to sign the gift documents." The lawyer testified that the father said, "I want to give it now as a gift to my son. Not when I die and there will be fights."

The ruling noted that the daughters visited their father in hospital less often, while the son came regularly. The sisters were ordered to pay the son 60,000 shekels in legal costs. The case number is 68698-02-20.