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Home / Q: My husband and I signed a gift agreement for an apartment in favor of our daughter, but unfortunately, the daughter passed away, and we wish to cancel the agreement. To the best of our understanding, even though we announced after the daughter's death that we wished to cancel the gift, the attorney who handled the matter transferred the apartment in the land registry office, in the name of the son (grandson). Can we cancel the gift?

Q: My husband and I signed a gift agreement for an apartment in favor of our daughter, but unfortunately, the daughter passed away, and we wish to cancel the agreement. To the best of our understanding, even though we announced after the daughter’s death that we wished to cancel the gift, the attorney who handled the matter transferred the apartment in the land registry office, in the name of the son (grandson). Can we cancel the gift?

By: דיאנה שאלתיאלPublished on: 18 November, 2025

A: On 30.7.24, the Family Court in Tel Aviv judged a similar claim (Family File #23607-03-21). There, the parents gave their apartment as a gift to their son, expecting him to take care of them, but the son passed away, as did the father of the son. The mother was heartbroken, and announced that she was withdrawing from the agreement, but the attorney who handled the matter ignored her, and registered the apartment in the land registry in the name of the granddaughter (the son’s daughter). After the grandmother was able to prove in court that she had sent a notice to the lawyer regarding the cancellation of the gift, before registering the apartment in the land registry in the name of the deceased son, it was determined that the transaction should be seen as an “obligation to give a gift” that can be withdrawn from in accordance with Section 5 of the Gift Law 1968, due to “a significant deterioration in the financial situation of the giver.” The court ruled that the grandmother was left to bear alone, the costs of her medical treatment, and that she and her husband had originally intended to give the apartment to their son, under the assumption that he would take care of all their needs. Both the son’s untimely death and his daughter’s refusal to support her grandmother completely changed the situation, in a way that justifies the cancellation of the registration in the land registry.


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