Court Invalidates Will, Citing Flawed Witness Signatures and Undue Influence

A Tel Aviv Family Court has invalidated a 2019 will that would have transferred nearly all of a 90-year-old widow's assets to her two nephews, reinstating an older will from 2009. The court found significant procedural flaws in the execution of the later will, including that the two witnesses did not sign in the presence of the deceased or each other, a requirement for wills witnessed by two individuals. Judge Gali Ron also determined that the nephews unduly influenced their aunt, ordering them to pay 59,000 shekels in legal costs to the deceased's brother, who was excluded from the new will.

The deceased, born in 1930, was a childless widow. Her 2009 will, notarized, divided her Holon apartment equally among her half-brother, the two nephews, and another individual. The brother, described as particularly close to the deceased, had been a joint bank account holder for 33 years and was deeply trusted. However, after the brother suffered from depression in 2018, caregiving responsibilities shifted to the nephews.

A new will, drafted by a lawyer in July 2019, left the entire estate to the nephews, with a smaller sum for the other individual, and completely excluded the brother. At this time, the deceased was reportedly oxygen-dependent, used a walker at home, and a wheelchair for outings. The brother contested this will after her death in October 2020.

The brother alleged the nephews "incited the deceased against the objector and fabricated claims that he embezzled her money, exploiting her weakened elderly state," while they themselves allegedly took all her assets, leaving her in poverty. The nephews countered that they provided family support and care, while the brother was estranged and had withdrawn approximately 400,000 shekels from her account between 2017 and July 2019 without her knowledge. They also claimed the aunt was mentally sound for over a year after signing the will and could have changed it if she wished.

The court found the brother's testimony credible regarding large sums transferred from their joint account, which he stated were reimbursements for expenses he paid on her behalf. The judge noted that the deceased had signed one of the transfer orders and had accompanied him to the bank. The nephews' claims about the brother's alleged embezzlement were not substantiated to the court's satisfaction.

Regarding the will's execution, recordings of the witnesses revealed they did not sign in each other's presence or fully understand the document's content. One witness stated he was only called to sign and did not participate in "all the discussions." The judge prioritized these pre-trial statements over their later court testimony. Further issues included an unsigned first page and the fact that the deceased, whose native language was Persian, did not have the will read to her in a language she understood, a critical requirement for a will's validity. The lawyer who drafted the will did not testify, raising doubts about whether the document was tampered with.

The court also examined financial transfers to the nephews, including 241,000 shekels transferred before they took over caregiving, which they described as a gift. They also received the apartment as a gift in December 2019, leaving the deceased with no assets. The judge questioned the validity of this gift, stating it "may also be flawed."