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Q: Is the will of someone diagnosed with depression valid?

By: דיאנה שאלתיאלPublished on: 19 October, 2025

A: Yes. In a ruling (Estate file No. 2110/01), the Family Court was presented with two conflicting medical opinions regarding the deceased’s capacity to understand that she was making a will. The Court ruled that it was satisfied that, despite the deceased’s medical and depressive condition, she did not have such a cognitive decline as to negate free will. The Court noted that both experts expressly agreed that the issue of taking medication and painkillers does not negate free will. Considering this, the Court rejected the argument regarding the deceased’s lack of mental capacity due to her medical condition, and ultimately ruled that the deceased’s will, an oral will, was valid.


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