Due to the importance of the content of the will, I will bring the relevant clauses in their language:
Section A of the will states:
"... However, we have the authority whenever we wish to revoke, change, add and detract from the words of this will with our signature and to do something else in its place, as long as we do not change it, this will deed will remain in effect..."
Sections 3 and 4 of the will provide:
"C. We decree that in the event of the death of one of us, all the property of the deceased shall pass to the spouse who will remain alive. In other words, if V.S. He will pass away first, his only heir will be his wife, N.S. And if N.S. She will pass away first, her only heir will be her husband V.S. .
- After the death of both of us, we are commanded that all our property of any kind and sex shall be divided in equal parts among our daughters as follows:..."
As is well known, mutual wills made prior to Amendment No. 12 to the Inheritance Law (published on August 1, 2005) are not subject to the provisions of the amendment, the provision of section 8A of the Inheritance Law, and the rule applies to them according to which any testator may change or cancel his will at any time, unless there is an explicit or implicit joint intention to limit it, or in appropriate cases in which case the principle of good faith can be applied. The rule was established in the Supreme Court's judgment in Tax Appeal 10807/03 Zamir v. Gamliel PD 62 (1) 601, which dealt with this issue, and where it was held that the provisions of the amendment do not apply to wills that preceded in time. The court examined the question of whether a mutual will, which was drafted before Amendment 12, should be interpreted as one that imposes a restriction on the ability of the surviving spouse to change his will, after the death of the first spouse, even if the will did not explicitly state this, since the mere reciprocity does not indicate a desire to restrict.
The court ruled that, as a rule, such mutual wills should not be regarded as irrevocable wills or those that limit the ability of the surviving spouse to revoke them, unless it is clearly proven that this was the explicit and joint intention of the testators, when weight is given to the principle of freedom of will, which states that any person may change or revoke his will at any time, in a way that allows him to adapt his will to the changing circumstances of his life after the death of his first spouse.