| Family Court in Haifa |
| Estates Case 20265-05-23 Anonymous v. Administrator General, Haifa and Northern District et Estates Case 20302-05-23 External Case: 131696_4 |
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Request Number:10 | ||
| Before
In the matter:
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The Honorable Judge Ephraim Chizik
Estate of the deceased XXX |
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Plaintiffs/Opponents |
1. Q |
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| Against
Defendant/Applicant for Probate of the Will H. By herself |
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Judgment
- I have before me an application on behalf of the defendant/applicant for the execution of the will of the late father of the parties (estate file 20265-05-23) and on the other hand, the objection of the plaintiffs/objectors, who are the brothers of the defendant/applicant, to the issuance of an order to execute the will of the deceased father (estate file 20302-05-23).
Factual Background :
- The parties are the children of the deceased, Mr. XXXX, who during his lifetime was the owner of a garage and a business real estate property on XXXX Street, as well as the owner of a residential apartment on XXXX Street, where he lived together with the parties' mother, Mrs. XXXX, who passed away on XXXX.
- Between 2013 and 2014, there was a severe deterioration in the condition of the deceased mother after she began to suffer from dementia.
- On July 4, 2014, the deceased mother was signed by Attorney and Notary Liora Ohana on a notarized power of attorney authorizing the defendant/applicant to handle all of her medical matters andthis framework, including the legal proceedings that derive from it.
- On July 8, 2014, the deceased father signed a will that was drawn up through Adv. Liora Ohana of Tirat Carmel, which reads:
"... 3. I hereby assign all my rights in the real estate property, which constitutes the residential apartment in which I currently live, and which is located on XXXX Street (hereinafter: "the residential apartment"), to my daughter, XXXX, out of concern for her financial future, as she is divorced without children, and also because of the great help that my wife and I receive from her on an ongoing basis.
In addition, I am responsible for my full share of the contents of the apartment, including jewelry and wall pictures for my XXXX home.
- I hereby command the real estate property, located XXXX (hereinafter: the "Complex"), which is currently divided into 3 parts, as detailed below:
Part that is leased to Garage XXXX" for rent (hereinafter: "the Rented Garage")