I had been living with my elderly uncle for a couple of years. I am a medical student studying near his home. He was a widower and had one child , a son, who lives far away and took little interest in him. I helped look after my uncle, and benefited by the arrangement as I did not have to rent accommodation. He has died recently. He did not make a will. His son, who told me he has inherited the property, told me to vacate it, as he wants to sell it or rent it out. I want to remain living in the apartment until I finish my medical studies. Do I have a right to do so ?
By: דיאנה שאלתיאל•Published on: 12 May, 2022
No. Firstly, the son, as the only child of a widower, would be the sole heir to the apartment if his late father did not make a valid will. Secondly, Under the terms of the Inheritance Law of 1965 only a spouse, child or parent of the deceased who has been living with him in the family home has a right to remain there as a tenant of the heir/s to the property. Unlike these first-degree relatives, a nephew has no automatic right, but the possibility of renting out the property from the son at the market rate should be investigated.