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Home / My mother is an elderly widow. She has told my brother and I many times over the years that we will both inherit her apartment when she dies. Recently, I am concerned because she is becoming weak, both physically and mentally and I am worried that she may transfer the property to my brother who is rather pushy over my head. Is there any way of preventing this ?

My mother is an elderly widow. She has told my brother and I many times over the years that we will both inherit her apartment when she dies. Recently, I am concerned because she is becoming weak, both physically and mentally and I am worried that she may transfer the property to my brother who is rather pushy over my head. Is there any way of preventing this ?

By: דיאנה שאלתיאלPublished on: 12 May, 2022

Yes, a mechanism exists under the Land Law of 1969 for a ‘consent remark’ to be made at the land registry to prevent the transfer of a property or rights in it where the registrar is satisfied that a transaction has been conditioned/limited. Such a condition/limitation can arise from legislation, a court order or from an undertaking by the owner of the property/rights . The registrar can enter a remark to this effect on the register with the third party’s/parties’ agreement. This should prevent a transaction being effected over someone’s head as the need for mutual consent is registered.


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