Inheritance Dispute
Inheritance DisputeFreepik

Inheritance Dispute - An Attempt to Plot an Alleged Oral Will in Order to Exclude the Partner.

In a long judgment full of the expression of the court's displeasure, which discussed a bitter inheritance dispute between the deceased's children and her common-law partner, the Family Court in Haifa has rejected the request of the deceased's children to uphold the deceased's oral will, while ordering the issuance of an inheritance order in respect of her estate.

As it turns out, the deceased’s children attempted to conjure an oral will "out of nothing" after the deceased's passing (!) As if it was prepared by the deceased and all this was done to prevent her life partner from gaining his share of her inheritance as prescribed by law, and not only that, but they did it while fabricating an entire factual tract, which was kept mostly hidden in its entirety during the discussions.

The deceased has passed away following a severe illness and left no will behind.

The deceased has passed away as a result of a deterioration of a severe illness within a short time and left no will behind. The deceased's common-law partner has submitted an application for an inheritance order - this step was objected by the deceased children, who argues that the partner is not the common-law partner of the deceased.

At the same time, the deceased's children have submitted an application for an oral will in inheritance order, which allegedly was made close to the deceased passing, the life partner has submitted an objection to this application .

The deceased's children have objected to the inheritance order and claimed the deceased has left an oral will behind.

The deceased's children argued that the deceased and her life partner were not partners and not a common-law couple at all, and definitely not in the time close to her passing, and she was actually involved in a relationship with another man, and the only goal of this life partner was to benefit from the deceased estate driven by improper considerations only.

The deceased's children argued that the deceased has left behind an oral will, close to the date of her passing, in the following manner:

The deceased has invited a lawyer to the hospital where she was admitted and discussed her wishes to draft a witnessed will.

The deceased told the lawyer she senses her days are numbered before passing away, and her relationship with her partner are not good, and she wants to distance herself from him.

The lawyer recorded the deceased words and then traveled to his office to prepare the witnessed will, and awaited a summon from the deceased family to arrive and have the deceased sign the will.

The lawyer has arrived two days later at the request of the family, but the deceased was in Intensive Care, and it was not possible to have her sign the will. Two days later the deceased passed away, and on the same day a memorandum was drafted by the lawyer, to support the oral will.

The oral will “has come into existence” just to disinherit the partner.

The court has absolutely rejected the claims of the deceased's children and accepted the opinion of the learned lawyers and stated that the deceased did not intend to make an oral will at all (and even if she did intend to make a witnesses will, it was not completed) and that the whole idea of an oral will has come into existence after the deceased's passing in order to exclude the partner from the deceased's estate.

It was determined that the entire conduct of the deceased's children is flawed by a gross lack of good faith and improper detailed planning the idea of the oral will, when there is no basis for one in reality.

The has court even expressed its opinion on the lawyer's conduct which was perceived as unprofessional and even unreliable by the court, has strengthened the fact that the oral will never happened. We shall note that even after a careful examination of the provisions of the law, it was found that the will does not comply with them at all.

When there is no will - an inheritance order will be issued to the deceased's estate

After the court has determined that there was no will for the deceased and after it has determined (following examination of the evidence and testimonies brought forth), that the partner is in fact the common law partner of the deceased and is therefore entitled to inherit her estate.

Even in difficult and complicated inheritance disputes, the court allows giving place first to the will of the deceased as it appears from the evidence before it and does everything to fulfill it.

For the full judgment, please see: Estate case 4834-11-08.