I am one of several brothers and sisters. Our mother, a widow, died recently. My elder brother claims that he alone should inherit our parent’s farm rather than all of us being entitled to equal shares because our late father nominated him as the ‘ continuing son’ many years ago . As far as I know our mother never signed this nomination, just our father. Is my eldest brother right ?
By: דיאנה שאלתיאל•Published on: 12 May, 2022No ! In a case before Tel Aviv Family Court some years ago the ‘custom’ whereby one of the couple’s children could be nominated as the ‘ continuing son’ of a farm on a moshav on the strength of the consent of just one of the spouses was declared invalid. In this case two sisters brought an action to cancel the transfer of rights in the farm to their brother, and to declare all the children as equally entitled to inherit the rights under the Inheritance Law of 1965 . The respondent claimed that the father had signed a declaration in the 1970’s , before he died, nominating him as the ‘continuing son’, and that this undertaking bound the mother , too, as was the custom at the time. Originally the couple had received joint permission to use and occupy the farm from the Jewish agency, even though just the father had signed the papers. The court rejected these arguments, distinguishing between receiving rights on the strength of one spouse’s signature, and losing them the same way. The signature of one spouse was sufficient to receive property rights for both of them from an authority, but insufficient for transferring the rights of the spouse who did not sign, in this situation , it held. At the time the assumption of marital partnership applied to the couple’s property relations and the mother could not give up these rights, unless her consent was proved, which it was not, given the particular circumstances of the case.