Court Overturns Mother's Will, Favoring Son Over Daughter
Translated & summarized from Ice by baba
A family court in Kiryat Gat has overturned a mother's second will, which favored her daughter A', and reinstated her 2010 will leaving her entire estate to her son B'. The court ruled that daughter A' and her brother Y' were too involved in drafting the second will, which was prepared when the mother was 103 and suffering from Alzheimer's. The ruling also invalidated a waiver signed by the siblings after the mother's death, finding it was based on a false premise. Daughter A' was ordered to pay approximately NIS 60,000 in legal costs.
The story in 6 lines · by baba
- A court overturned a mother's second will, reinstating an earlier will that favors her son.
- The mother's second will, which favored daughter A', was disqualified due to significant family involvement in its drafting.
- The mother was 103 and suffering from Alzheimer's when she made the second will.
- A waiver signed by six siblings after the mother's death was deemed invalid by the court.
- The son B' is now the sole beneficiary of the estate under the 2010 will.
- Daughter A' was ordered to pay approximately NIS 60,000 in legal expenses.
A family inheritance dispute involving six siblings over their parents' estate in a moshav has concluded with a dramatic court ruling. The Family Court in Kiryat Gat overturned the mother's later will, which had favored one daughter, and reinstated an earlier will that designated one of her sons as the sole beneficiary of her estate. The conflict began after the parents' deaths, with the father passing in 2010 and the mother in 2018 at the age of 108. Diagnosed with Alzheimer's and cognitive decline, the mother had executed two conflicting wills.
The first will, drafted in 2010 before witnesses, stipulated that all her assets would go to her son B'. Three years later, at age 103, a second will was prepared by a lawyer, naming daughter A' as the sole inheritor of the farm and assets, while sons Y' and B' would receive personal residency rights. Following the mother's death, all six siblings initially signed a waiver regarding the first will, and the assets were registered in A's name.
However, this agreement dissolved in 2019, leading to intense legal battles. Son B', the beneficiary of the initial will, sought to invalidate the second will, alleging it was written by his beneficiaries while their mother was unaware of its contents. Daughter A' denied these claims, asserting her mother was competent and she had no part in drafting the will.
Judge Diana Faso Vago accepted the argument of involvement in the will's preparation, ordering its disqualification. The court found that A' and her brother Y' were significantly involved in drafting the will, with A' dictating most of its content, despite being the primary beneficiary. The court established that substantial involvement in drafting a will, including providing detailed instructions to a lawyer or controlling its preparation, can justify disqualification.
Additionally, the court addressed the language barrier, noting the mother spoke only Tunisian Arabic with limited Hebrew comprehension, and the testimony was not translated for her. However, the claim of undue influence was dismissed, as the court found no proof she didn't understand her surroundings. The siblings' waiver of the first will after the mother's death was also deemed not a formal "waiver notice" and was signed under the mistaken belief that the later will was valid.
Consequently, the earlier will from 2010, leaving the entire estate to son B', is now reinstated. He must file a request for probate to execute it. Daughter A' was ordered to pay her siblings approximately NIS 60,000 for legal expenses.
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