Court Rejects Bid by Murder Victim's Children to Block Partner's Compensation Share

The Jerusalem District Court has rejected an appeal by the three adult children of a man murdered 24 years ago, who sought to prevent millions in compensation funds from being transferred to their father's partner. Judge Nimrod Flex ruled that the lawsuit to alter the inheritance order faced an "almost insurmountable hurdle of delay." The father was killed in 2002, leaving behind three adult children and a long-term partner. The National Insurance Institute retroactively recognized her as his common-law wife in 2003, dating back to 1998. In 2004, an inheritance order granted her half of the estate, with the children sharing the other half. One daughter had fully consented to this order at the time.

In 2023, the children and the partner filed a multi-million shekel compensation lawsuit against perpetrators and terror organizations for the father's murder. After the compensation was awarded, approximately 22 years after the inheritance order, the children, represented by attorney David Kirschenbaum, petitioned to amend the order. They claimed the partner was never their father's common-law wife and that her recognition was obtained through fraud and misrepresentation. The daughter argued her initial consent was given under severe emotional distress while pregnant following her father's murder, and that her condition was exploited.

The children requested to halt the transfer of the partner's share of the compensation, expressing concern she might squander it, as she reportedly lives solely on National Insurance benefits. The Jerusalem Family Court had previously dismissed their request for interim relief, ordering the children to pay 10,000 shekels in costs. They then appealed to the District Court, which temporarily froze the funds.

The partner, represented by attorney Roi Weissman, argued for the dismissal of the appeal, stating she owns real estate sufficient to repay the funds if necessary. She asserted that a separate court ruling had already finalized the agreed-upon distribution mechanism, and the children were estopped from contesting it. She also claimed the compensation lawsuit was filed without her knowledge and that the children were now trying to disinherit her from the remaining funds.

Judge Flex found no justification to overturn the family court's decision. He emphasized the lack of evidence contradicting the authorities' long-standing recognition of the partner as the common-law wife. He also pointed to the 2023 compensation lawsuit, which listed the children and the partner together as heirs, detailing their respective shares. The judge concluded that all children were aware of the inheritance order but only sought to cancel it many years later. He ruled that their lawsuit's chances did not meet the minimum threshold for interim relief. The appeal was denied, the temporary order freezing the funds was lifted, and the children were ordered to pay the partner 15,000 shekels in costs.