Winnings - עמיהוד בורוכוב, משרד עורכי דין

Who is entitled to the winnings on a gambling ticket if it is bought by a father with his own money, filled in and sent by him, based on his minor son’s guesses, and it bears the son’s name on the back ” for luck ” ?

Property Rights •Winnings

Most probably the son. In a case before the Haifa Family Court a few years ago it was held that the winnings of a ‘Toto-Teko’ ticket based on his minor son’s guesses regarding the number of draws in football league matches belonged to the son, even though the father actually filled in the form , paid for the ticket and sent it .The father had failed to persuade the court that he was a party to the contract with the gambling organisers and that was not just acting as an agent for his son. It rejected his claim that he had rights in the win because he had written his son’s name on the back of the ticket “for luck”.

The win had been made when the son was a minor and the winnings – a cheque in the son’s name – had been deposited in the son’s name at a bank, with the father having an unlimited power of attorney. The father had accessed funds freely when the son was a minor but after he had reached maturity, the son had cancelled the father’s power of attorney. The court ruled that evidence brought by the son showed that he was a party to the contract with the organisers and was entitled to cancel the power of attorney as he was the full owner of the winnings, and the father had no rights in the property at all.

I married a few years ago but feel like splitting up. I do the lottery every week and have been near the jackpot several times. I buy the lottery ticket from my salary and my wife is never involved. If I leave her and win would the winnings be mine or would I have to share it with her ?

Property Rights •Winnings

In general if a couple are married and live together then any lottery winnings will be joint property to be balanced out between them upon divorce, according to the principles of the 1973 Spouses’ Property Relations Act. It does not matter which of them buys the ticket and with whose money, unless it is clearly agreed otherwise from the outset. If, however, the man clearly separates from his wife, buys a ticket and wins the lottery then the winnings will be his only and not joint property, even if he is still not divorced.

Who is entitled to the winnings on a gambling ticket if it is bought by a father with his own money, filled in and sent by him, based on his minor son’s guesses, and it bears the son’s name on the back ” for luck ” ?

Property Rights •Winnings

Most probably the son. In a case before the Haifa Family Court in October 2002 it was held that the winnings of a ‘Toto-Teko’ ticket based on his minor son’s guesses regarding the number of draws in football league matches belonged to the son, even though the father actually filled in the form , paid for the ticket and sent it .The father had failed to persuade the court that he was a party to the contract with the gambling organisers and that was not just acting as an agent for his son. It rejected his claim that he had rights in the win because he had written his son’s name on the back of the ticket “for luck”.

The win had been made when the son was a minor and the winnings – a cheque in the son’s name – had been deposited in the son’s name at a bank, with the father having an unlimited power of attorney. The father had accessed funds freely when the son was a minor but after he had reached maturity, the son had cancelled the father’s power of attorney. The court ruled that evidence brought by the son showed that he was a party to the contract with the organisers and was entitled to cancel the power of attorney as he was the full owner of the winnings, and the father had no rights in the property at all.

I married a few years ago but feel like splitting up. I do the lottery every week and have been near the jackpot several times. I buy the lottery ticket from my salary and my wife is never involved. If I leave her and win would the winnings be mine or would I have to share it with her ?

Property Rights •Winnings

In general if a couple are married and live together then any lottery winnings will be joint property to be balanced out between them upon divorce, according to the principles of the 1973 Spouses’ Property Relations Act. It does not matter which of them buys the ticket and with whose money, unless it is clearly agreed otherwise from the outset. If, however, the man clearly separates from his wife, buys a ticket and wins the lottery then the winnings will be his only and not joint property, even if he is still not divorced.