A northern Israeli family court recently invalidated a will in which a woman had left her entire estate to her niece, excluding her children from inheritance.
In November 2014, the woman, a mother of four, created a will in which she designated all her property to her niece living in the U.S., leaving only four shekels (around $1) to be shared among her children. However, four years later, she approached her lawyer with the intention of revoking this will.
In November 2018, she signed a new document titled “Will,” stating that she wished to revoke the prior will. The secretary of the lawyer, who was present at the signing, wrote on the document that she “confirms the revocation of the will.”
After the woman passed away five years ago, a legal dispute ensued between her children and her niece. The niece contended that despite the geographical distance, she had regularly visited and taken care of her aunt, while the children had neglected her during her illness, which she believed justified the initial will.
The niece argued that the revocation document was not legally valid, as her aunt had not created a new will or destroyed the original one, and therefore, she did not truly intend to cancel it.
In contrast, the children maintained that their mother’s revocation followed the proper legal procedures, which made the original will invalid. They sought an inheritance order to recognize them as the rightful heirs.
Judge Liat Dahan Hayun emphasized that there was no doubt about the woman’s mental capacity when she signed the revocation, and her signature was valid. The central issue was whether the revocation document fulfilled the legal requirements. She explained that inheritance law aims to uphold the true intentions of the deceased.
The judge ruled that the revocation satisfied legal conditions because it was written and signed in front of two witnesses. She also concluded, based on the lawyer’s testimony, that the revocation accurately reflected the woman’s genuine wishes.
“I have no doubt that the testator freely intended to cancel her will, without any external influence and was fully competent to do so,” the judge stated. She added that the woman had proactively arranged the lawyer’s meeting, arrived on time, and reiterated her decision to revoke the will.
The court found that, contrary to the niece’s assertion, the woman had unequivocally and voluntarily chosen to cancel her will, fully understanding the consequences of her actions. The judge declared the will invalid and granted the children’s request for an inheritance order. Additionally, the niece was required to pay 20,000 shekels (around $5,500) in legal costs.
{Matzav.com Israel}The post Israeli Court Voids Mother’s Will Leaving $1 To Children, Awards Inheritance After Her Revocation first appeared on Matzav.com.