Inheritance

No! your mother had the right to sign a new will because their joint/mutual will was signed before the amendment to the Israeli Law of Inheritance. In a similar case which was brought before the Family Court in Jerusalem (Case # 38653-08-20) it was ruled that since the amendment to the law entered into force after the signing of the mutual/joint will then the surviving mother was allowed to draft a new and different will. The Court also found that the surviving mother did not act in bad faith.

Possibly so. The Court will first examine whether your brother’s widow may be considered “an interested party”‘ according to the law, meaning, whether she has an objective financial interest in your father’s estate, in the present (not a future interest). If the answer is yes, then she may file her objection. On the whole the Court does not tend to strike out legal proceedings and allow whoever is interested to bring his claim to court (Case # 20705-03-24).

Yes! If you can prove that your late father started a legal procedure against her (the neighbor), and brought claims against her that refute the contents of the will, then the Court may well decide not to consider the will which was written and signed by your late father, years before. The Court may also take into account your  father’s age at the time of the proceedings, his medical condition etc. (Case # 12529-04-21).

A great importance indeed. For example, in case # 61436-07-20, the Family Court in Ashdod dismissed an opposition to the probate of a will, after hearing the notary’s testimony, who drafted the deceased will, who had known the deceased and her children for years and who in his testimony clarified the circumstances which led the deceased mother to disown two out of her four children, from her estate.

Not necessarily. The Family Court in |Ashdod ruled that the fact one of the deceased children (and a beneficiary in her will) drove her to the notary’s office to sign her will is not to be considered “intervention”, as the notary testified in Court that he was alone with the deceased in all of his meetings and conversation with her and the signing of her will, without any presence of someone else including her son who drove her, to the notary’s  office (Family Case # 61436-07-20).

Not necessarily. The Family Court in Petach Tikva, has recently probated a will despite the presence of the only beneficiary (the deceased’s wife), at the time of the signature, because she was not one of the witnesses to the will, and did not partake in the drafting of the will, she was just present there (Family Case # 61436-07-20).

No. In the absence of a will the property of a deceased person who is single will be distributed according to the principles of the 1965 Inheritance Law. These state that where the deceased person has no spouse but does have children the deceased’s property is to be divided between his/her children in equal parts. Accordingly, where there is absolute trust between two adult children and they have no manipulative partners to complicate matters then it is unnecessary to make a will. If, however, either of them has a manipulative partner, then it may be advisable to make a will.

You can co-operate by making a contract, only with your daughter, in which you undertake to transfer title of the property, without actually transferring title at the Lands Registry. You must make sure that your daughter’s obligations towards you are set out clearly and that it is stated that transfer of title to her is conditional on the fulfillment of these, and is to be effected only after your  death. This way, only a written undertaking to make a gift is made, and you are  protected as you can cancel it if your daughter behaves extremely negatively towards you. If, however, you  transfer of title during your lifetime, then cancellation is extremely difficult, and depends on the existence of exceptional circumstances.
The contract can be reinforced by a will in you make a conditional bequest to her daughter – the flat, if she fulfils her obligation. By taking these two legal steps, the contract and the will, as outlined, you would be protecting your future, and not put be putting it at the mercy of your daughter or the success of her marriage.

Preferably operate on two fronts – make a property/family life agreement with this ladyfriend, and also make a valid will. Together this would allow you to leave the bulk of your estate to your family, and also provide for your ladyfriend.
You are  free to do what you want with your own property in your will – leave it to your children and grandchildren from what is said. Should you not wish to also draw up a “living together agreement” (which would define your mutual rights and obligations regarding property, and could clearly protect your interests and those of your family , during your relationship and afterwards should you split up or die) you could make also make some provision for this lady in the will, too.

You would certainly be advised to make a will. If you die intestate (without a will) then according to the 1965 Inheritance Law your wife would inherit the family car, the house contents and the rest of your estate ( your share  in the family home and savings which is usually half ) would be shared equally by your wife and children, her getting half and each of them a quarter. Thus as long as you remain legally married, regardless of the state of your relationship and even if you are in  the process of divorce, the wife would be entitled to this under law. Additionally because you married after 1974 when The Spouses’ Property Relations Act came into force, her rights as a married woman would be protected . Basically, she would be entitled to half of marital  property acquired by mutual effort during the marriage, with certain property e.g.  that belonging to you before marriage or obtained by way of gift/inheritance being excluded from this.
Having a will drafted would enable you to leave your half of the common property and anything belonging to you before marriage or gained by way of gift or inheritance to your children, and allow you to avoid your wife inheriting it.