A family dispute over a valuable apartment ended this week in the Family Court in Petah Tikva, where Judge Afrit Venkert ruled that a father’s lifetime gift of the property to his son remains valid after his death. The two sisters who sued to cancel the transfer were ordered to pay 60,000 shekels in legal costs.
The father, who had three children, had transferred the apartment to his son while still alive in an effort to prevent future disputes. According to the court, he carefully planned the move with legal advice because he knew there could be conflict among the siblings after his death.
The sisters argued that their father was weak and under undue influence when he signed the gift documents, and that the son exploited his condition to seize the apartment. They also claimed that because the land registry transfer was completed only after the father died, the apartment should have remained part of the estate and been divided under an older will.
The court rejected all of those claims. The father’s lawyer testified that he had clearly said, “I want to give it now as a gift to my son. Not when I die and there are arguments.” A psychogeriatric evaluation conducted just one day before the signing found that he was lucid, fully aware, and completely competent to make legal decisions.
Venkert focused on the irrevocable power of attorney signed during the father’s lifetime and ruled that it remained valid after death. She said the documents were drafted professionally, the father understood their meaning, and there was no basis for claims of exploitation, coercion, or undue influence. The court held that the apartment was not part of the estate and left it with the son.
