Court Upholds Will Excluding Widow, Rules Landlord Must Notify Tenants Before Enforcing Debt
The Ashdod Family Court ruled in a dispute involving a deceased man’s estate, confirming that his will, which left all assets to his five children from his first marriage and excluded his widow from the second marriage, is valid. The man, who remarried in 2020 after divorcing the mother of his children in 2017, explicitly stated in his will that his estate should pass solely to his children. The widow contested the will, arguing that a prenuptial agreement should override it and that the will was invalid because it was not deposited with the inheritance registrar. The court rejected these claims, emphasizing that an unapproved prenuptial agreement cannot cancel a will and that depositing the will is not required for its validity. The judge also noted evidence indicating the deceased did not intend to leave anything to his widow, including correspondence showing marital discord and divorce considerations during their marriage. The widow was ordered to pay legal costs of 30,000 shekels.
In a separate ruling, the Bat Yam Magistrate’s Court dismissed landlords’ attempt to enforce a 50,000 shekel debt claim against tenants who left a rented apartment early and caused damage. The court found the landlords failed to notify the tenants in advance of their intent to enforce the debt, as required by the Rental and Borrowing Law, and thus could not execute the debt instrument. The tenants had argued that the landlords’ late notice violated the law and constituted bad faith. The court ruled that landlords must provide reasonable prior notice and allow tenants to remedy issues before enforcing guarantees. However, landlords may pursue other legal remedies such as separate damage claims. The landlords were ordered to pay 6,000 shekels in court costs.
Additionally, the Real Estate Supervisor ruled that an external wall of a residential building remains common property even if it borders a private garden or patio. This decision came after owners of a garden apartment in Raanana opened a gate in the shared wall without consent. The supervisor ordered the owners to restore the wall to its original state at their expense, emphasizing that external walls serve structural, insulation, and aesthetic functions for the entire building. Unauthorized alterations require all residents’ approval or a clear regulation in the building’s bylaws. The owners were also ordered to pay 36,000 shekels in legal fees.
