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Is it possible to take successful action against an executor of a will who tricks a beneficiary into signing an agreement to accept a smaller inheritance ?

By: דיאנה שאלתיאלPublished on: 13 May, 2022
Yes, especially where the executor is also a beneficiary , so that his role involves a conflict of interests, and the offended beneficiary is a charity or social cause, and the bequest is in memory of the deceased or his family. These points were made by Jerusalem Family Court when it accepted a plea by the children’s charity, Ilan, to cancel an agreement, it had entered into with the executor of the will, who together with his wife and children, were the only other beneficiaries under the estate. The court held that the executor of the will had acted in bad faith, and was subject to a conflict of interest. It said it was clear that he had misled the charity’s representative and as a result she had mistakenly signed the agreement which was contrary to the deceased’s wishes.
It relieved the executor of his duties in relation to that part of the will, and increased the amount of money the charity should receive, ordering that the defendant should pay interest on the unpaid difference.

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