Can a court considering an application for probate of a will turn the clock back and re-consider the merits of an previously order granted to distribute the deceased’s estate according to law, but which was cancelled by consent ?
By: דיאנה שאלתיאל•Published on: 13 May, 2022No ! some years ago the Supreme Court accepted an appeal against a decision by Tel Aviv District Court reinstating an order to divide the deceased’s estate by law even though it had been cancelled by consent. It severely criticized the District Court ,which also threw out the application for probate of a will found later, for misapplying the law.
The Supreme Court held that once an order to distribute an estate is cancelled by agreement, the court must look forwards, and concentrate on the application for probate and objection to it. It must not look backwards and re-adjudicate on the cancellation of the order, as it had done so, misapplying the law.