Estate File (Petah Tikva) 20752-02-24 Y.Z. v. A.N.

Before the plaintiff's application to execute the deceased's will N.A.  The late (hereinafter: "the deceased") dated August 25, 1993 and the defendant's objection to its existence.

Relevant factual background and the legal process -

1. The deceased was married to S.A., who died before her in 1969 (hereinafter: "The deceased").

The couple had no children.

2. The plaintiff is the niece of the deceased.

The defendant is the niece of the deceased, the daughter of his brother M.A.  z"l (hereinafter: "M.").

3. On July 13, 1969 An order was issued to execute the will of the deceased Dated May 26, 1960, in which he bequeathed all his property to his wife.

In section 8 of his will, the deceased established an heir-by-heir instruction in favor of his brother M.: "On the death of my wife after a long time and years after my death, I hereby command and give to my brother M.  with a complete gift all that my wife will leave after my death and all my property and rights mentioned in clause (g) on the day of her death."

4. On July 31, 1967, about seven years after the deceased made his will and about two years before his death, the deceased purchased an apartment on .... in Tel Aviv, which was registered in his name (hereinafter: "The apartment").

On August 12, 1969, the rights in the apartment were registered in the name of the deceased, in accordance with the deceased's will that was executed.

5. On February 8, 1973 Died M. My late brother.

The defendant's daughter is the heir to his entire estate, after her sister withdrew her share of her father's estate in her favor.

6. On August 25, 1993 The deceased made her will in dispute, in which she bequeathed her entire estate to the plaintiff, including her rights in the apartment. Total She bequeathed $3,000 to each of two nephews, who did not intervene in the proceeding.
7. On July 7, 2023 The deceased passed away.
8. The plaintiff filed a motion to execute the deceased's will (20707-02-24).

The defendant filed an objection to the execution of the will in light of the instruction of successor after heir in the deceased's will in favor of her late father (20752-02-24).

9. per day 14.11.24 A pre-trial hearing was held, in which the parties agreed that the question in dispute was legal: Is it Article 42 Instructions The Inheritance Law, 5725-1965 (hereinafter: "The Law") and Section 42(c) The law applies to the inheritance of the deceased S.A. z"l; Is the determining date for the application of the law the date of the deceased's death (in which case the provisions of the law apply) or the date of making his will (in which case the provisions of the law apply) The Inheritance Ordinance the Mandatory Mandate).

It was agreed that the parties would submit legal arguments on the questions, and on the basis of them, the court's decision would be given (transcript, p.  4, lines 16-23, decision of December 15, 2024).  The arguments of the parties were submitted.