Israeli Court Upholds Druze Woman’s Will Despite Missing Witness Signature

The Haifa Family Court recently ruled in favor of the daughters of a deceased Druze woman, allowing the execution of her last will despite the absence of a witness’s signature on the document. Judge Liron Zerbal-Kadshai determined that the missing signature was a formal defect that could be remedied, as the deceased was found to be competent, acting voluntarily, and free from undue influence.

The dispute centered on two wills made by the woman in early 2016, about three weeks apart. The first will granted her house to her son with a life residency right for the daughters if any divorced. The second will, however, divided the property equally among the four sisters, giving the son only the yard. The son contested the second will, alleging forgery of his mother’s signature, her incapacity to understand the will, and undue influence by his sisters, who he claimed were involved in drafting the document. He also argued the will was invalid because one witness did not sign it.

The daughters countered that their mother changed her will voluntarily due to poor treatment by the son, who ran a locksmith business from her home and misused her checks, leading to her financial ruin. They explained the witness was present during the will’s signing but did not sign due to Druze custom forbidding women from signing documents.

Judge Zerbal-Kadshai rejected the son’s claims, finding no evidence of forgery, incapacity, or undue influence. Testimonies showed the sisters were unaware of the later will at the time it was made. The judge accepted that the witness was present and heard the deceased express her wishes, effectively constituting a will witnessed by two people. The court ruled that the absence of the witness’s signature did not invalidate the will and ordered the son’s objection dismissed, canceling the first will. The daughters were awarded 8,000 shekels in legal costs.

The ruling highlights the court’s recognition of cultural customs within the Druze community and its willingness to uphold testamentary freedom despite formal irregularities.