According to the defendant, in accordance with the provision of section 42(b) of the Inheritance Law, the deceased was entitled to do as he wished with his assets, including the assets he inherited from his deceased wife, and therefore he was entitled to transfer all the rights in the property to the defendant. This is in addition to the fact that the will did not include any restriction or impediment from the surviving spouse to do as he wishes with the property.
The defendant further argued that the relationship between the deceased and the parties cannot be ignored, which constitutes a basis that justifies and explains the gift that was given, while there was "bad blood" between the deceased and the plaintiff, the relationship between the deceased and the defendant was excellent, the deceased stayed with her on holidays and every weekend, etc.
The defendant described a murky and alienated relationship between the plaintiff and the deceased, which in her opinion justifies and at least explains his conduct and his unwillingness to bequeath his assets to the plaintiff.
Counsel for the defendant sought to refer and expand on the issue of the relationship between the deceased and the plaintiff, when in 2007 the deceased fell ill with Alzheimer's disease and in 2018 she was hospitalized in a nursing institution and was treated only by the deceased and the defendant, when the plaintiff herself testified that the relationship between her and her father had always been bad, she was not willing to help the deceased financially, when they were required to pay the medical institution and when she was not involved in the deceased's life during the last 7 years of his life, She didn't visit him, she didn't help him, and she didn't host him.
- Two hearings were held to hear evidence, 19 March 2025 and 06 April 2025.
Verdict:
- The core of the dispute, therefore, deals with the question of whether the will of the deceased, which was prepared prior to Amendment 12 to the Inheritance Law, is essentially a mutual will. To the extent that the answer is positive - did it include a restriction regarding the use of the assets, i.e., whether it restricts the heir according to it to do as he wishes?
The will of the deceased was drawn up on one document together, on September 17, 1987, when they both signed in front of two witnesses and a lawyer.