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General06:19 · Aug 26

Tel Aviv Family Court Orders Correction of Elderly Man’s Will to Reflect True Intent

YnetCenter
Translated & summarized from Ynet by baba
The story · English

The Tel Aviv Family Court recently took the unusual step of ordering a correction to the will of a deceased elderly man who died at age 93, leaving no spouse or children. The court ruled to remove a clause from his latest will that explicitly nullified all previous wills, after determining this clause did not reflect the man’s true intentions.

The deceased owned two properties: an apartment in Tel Aviv and a private house in Ness Ziona. In a 2002 will, he left the private house to his twin brother’s son (his nephew). However, in a 2020 will, he stipulated that his assets be divided equally among five other heirs, mentioning the Tel Aviv apartment and financial assets but not the Ness Ziona house, while including a clause canceling all prior wills.

After the man’s death in June 2023, his nephew argued that the cancellation clause was a mistake and that the deceased never intended to disinherit him from the Ness Ziona property. Two of the five heirs named in the later will opposed this, claiming the cancellation was deliberate due to the nephew’s poor behavior and insisted the later will be upheld in full.

Judge Sagit Ofek was convinced the deceased maintained a close, positive relationship with his nephew until his death and had appointed him to manage his affairs, including a real estate project in Tel Aviv. The judge found the cancellation clause was likely a drafting error or a default template phrase the deceased did not fully understand. She ruled the deceased’s real intent was to leave the Ness Ziona house to his nephew and the Tel Aviv apartment to the other heirs.

Consequently, the court ordered the will to be corrected by removing the clause that invalidated previous wills, allowing both wills to stand side by side and the estate to be divided accordingly. This decision ensures the nephew retains inheritance rights to the Ness Ziona property, while the other heirs share the Tel Aviv apartment and financial assets.

Read the original at Ynet
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