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Home / Are conditions in a will about restricting or conditioning future division of partnership in the testator’s property to be viewed as ‘a partnership agreement’ which can expire in time, according to the 1969 Land Law ?

Are conditions in a will about restricting or conditioning future division of partnership in the testator’s property to be viewed as ‘a partnership agreement’ which can expire in time, according to the 1969 Land Law ?

By: דיאנה שאלתיאלPublished on: 12 May, 2022

No, instructions in a testator’s will, it was held  by the Tel Aviv Family Court, do not amount to a “ partnership agreement” according to the 1969 Land Law. It rejected a plea by the plaintiff to divide partnership in a property owned jointly with her sister. The plaintiff claimed that she had a right to divide the property because instructions in their late mother’s will conditioning the end of the sister’s partnership in the property were subject to the Land Law , and after 3 years a court could rule on division of the partnership despite them. But the court rejected this argument and held that the conditions set in the will about ending partnership did not amount to a ‘partnership agreement’ , but were binding and clear wishes of the testator which should be followed.


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