Court Cancels Will Leaving Estate to Alleged Lover, Restores Husband as Sole Heir

A Tel Aviv Family Court has invalidated a will that disinherited a husband, leaving his wife's entire estate to a man 15 years her junior. The court ruled that the younger man exploited the deceased woman's emotional dependence, leading her to believe he loved her, in order to seize her assets. Consequently, the husband was recognized as the sole heir.

The couple had been married for 42 years without children. In 2012, they met a man whose mother worked as a librarian at the nursing home where the deceased woman's mother resided. This man began assisting the couple with various matters, including renovations to their apartment.

In September 2015, the wife signed a will bequeathing all her property to this man, explicitly stating her husband would receive nothing and would not be allowed to continue living in their apartment after her death. She passed away in July 2021, and the beneficiary sought to have the will executed. The husband objected, alleging that the beneficiary and his family had taken advantage of his and his wife's naivete and poor health to gain control of their assets. He claimed the beneficiary convinced his wife he desired her, persuaded them to sell two apartments, took money from their accounts, and influenced the deceased to purchase a Lexus worth approximately NIS 300,000 for his use.

The beneficiary, however, denied any intimate relationship, financial exploitation, or undue influence, stating the deceased viewed him as a son and that he and his family had devotedly assisted the couple. A key piece of evidence was a psychiatric report from 18 days after the will was signed, where the deceased, suffering from depression, spoke of a "lover," a married handyman, to whom she felt very attached. The report noted her mood fluctuated based on his treatment of her, and she mentioned leaving him her assets.

Judge Esther Zhitnitsky Rakover favored the husband's account, deeming it credible and convincing, over the beneficiary's testimony, which she described as "convoluted, evasive, and unreliable." The judge also relied on testimony from an acquaintance of the beneficiary describing financial exploitation and on contradictions in the testimony of the attorney who drafted the will. The court concluded the beneficiary manipulated the deceased, creating a false impression of an emotional and intimate relationship to induce her to bequeath her property to him. The judge found this constituted undue influence, deception, and fraud. The request to execute the will was denied, and an order of inheritance was issued granting the husband the entire estate. The "lover" was ordered to pay the husband NIS 250,000 in legal expenses and attorney fees. The judge also directed that the ruling be forwarded to the Israel Police.