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Home / Both of our parents signed a mutual/joint will in 2010. A few years after our father's death, our mother signed a new and different will. She is now deceased, and my brother claims that she was not allowed to draft a new will. He is objecting to probate. Is he right in his claim, legally speaking?

Both of our parents signed a mutual/joint will in 2010. A few years after our father’s death, our mother signed a new and different will. She is now deceased, and my brother claims that she was not allowed to draft a new will. He is objecting to probate. Is he right in his claim, legally speaking?

By: דיאנה שאלתיאלPublished on: 13 March, 2025

 

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.


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