The Family Court in Nof HaGalil-Nazareth rejected a petition by two sons of a deceased man to cancel probate of his will, and ruled that his apartment and bank funds will remain with his nephew, exactly as the man instructed. Judge Itai Carmi said the probate order, issued in 2024, stood despite the sons filing their request only a year and three months later.
The sons argued that their father lacked legal capacity when he made the will, was in a mental crisis, and was subjected to undue influence by the nephew, who allegedly exploited his dependence. They also claimed the nephew improperly participated in drafting the will, forged the deceased's signature, and that the video recording of the signing was incomplete and edited. They said the delay was due to language problems, distance, financial hardship, and some communication between the sides.
The nephew said the man was fully lucid and legally competent when he signed, based on a medical certificate prepared at the time by a treating psychiatrist and psychogeriatric specialist. He said the deceased had a clear wish to leave him the estate in gratitude for 23 years of devoted care and support, while his children had cut off contact with him.
Carmi found the sons' explanations for the delay unsubstantiated and said their language and distance issues had been handled in real time through a lawyer acting for them. He called their case a speculative effort based on hope rather than solid facts. On capacity, he said a detailed contemporaneous medical certificate outweighed the sons' general allegations. After reviewing the video several times, he said the deceased appeared fully attentive, understood the lawyer, maintained eye contact, and clearly stated in his own voice that he preferred to leave everything to his nephew and not to his children. The judge also relied on Supreme Court rulings that technical help, such as arranging a lawyer or paying fees, does not amount to improper involvement unless it actually overrides the testator's free will. The sons were ordered to pay the nephew 10,000 shekels in costs.
