| Family Court in Nof HaGalil-Nazareth | |
| Estate File 64800-10-20 S. v. the Custodian General, Haifa and Northern District, et al.
Estate File 64801-10-20 A. v. the Custodian General, Haifa and Northern District, et al. External Case: 35885_6 |
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| Before the Honorable Judge Mahmoud Shadafna | |
| The Plaintiff | G.S.
By Attorney Ayelet Nof |
| Against | |
| The Defendants | 1. J. A.
2. A. M. 3. A. 10. 4. J. 10. 5. A. S.Y. 6. Q. B.H. 7. M. 10. 8. A. 10. 9. A. 10. 10 C. B. All of them, except defendant 7, by attorney Eti Rubin et al. |
| Regarding the estate of the deceased: H. 10. z”l (hereinafter: “the deceased”). | |
| Judgment
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The procedure:
- Two claims are before me regarding the estate of the deceased, the plaintiff's mother and the defendants.
Estate file 64800-10-20 - Application for a probate order of the deceased's will filed by the daughter of the deceased, Mrs. G. S. (hereinafter: "the plaintiff and/or c.").
Estate Case 64801-10-20 - Objection to the application for a probate order for the deceased's will filed by the other children of the deceased (hereinafter: "the defendants" and/or "the objectors").
- The file was transferred by the Registrar of Inheritance Affairs in accordance with the provisions of section 67 A(a)(1) of the Inheritance Law, 5725-1965.
Factual Background:
- The parties are brothers and sisters and the children of the deceased.
- The deceased was born in 1931 and passed away on January 26, 2020. The deceased was a widow at the time of her death and left behind 11 children.
- On October 6, 2011, the deceased made a will in front of witnesses, a will drawn up by Attorney Y. (hereinafter: "Adv. P."), in the framework of which the deceased bequeathed to the plaintiff all the rights she had in the apartment located on *** Street in *** and known as the *** block *** (hereinafter: the "Apartment"). The deceased further instructed in her will that all the funds that would remain after her death and all the rest of her estate, assets and rights of any kind would be transferred to the plaintiff (hereinafter: "the will of the deceasedE").
- The plaintiff submitted an application to the Registrar of Inheritance Affairs for a probate order for the deceased's will, and the objectors filed an objection to the application. The claims were transferred to the Family Court in light of the provisions of section 67A(a)(1) of the Inheritance Law, 5725-1965 (hereinafter: "the Inheritance Law").
- On behalf of the plaintiff, an affidavit of the main witness was submitted, as well as the affidavits of two witnesses. The opponents also submitted affidavits of the main witness, with the exception of opponents 2 and 3, A. and A. The opponents did not bring a single witness to be questioned on their behalf. It should be noted that the opponent, Mr. M. J. Retracted his objection to the application.
- Three evidentiary hearings were held. In a hearing held on October 4, 2021, Attorney F. And some of the opponents. In a hearing held on February 9, 2023, Ms. R. Secretary of Adv. P. (Hereinafter: "the secretary"), and who served as a witness to the will. In the last hearing on May 9, 2023, the other opponents, the plaintiff and her witnesses, were interrogated. Written summaries were submitted on behalf of the parties, and now the time has come to decide on the plaintiff's request for a probate order for the deceased's will and the defendants' objection to its execution.
Summary of the parties' arguments: