Summary of the parties' arguments relevant to the questions in dispute -
- The defendant's arguments -
- The Determining Date on the Question of Whether the Provisions Apply The Inheritance Law or instructions The Inheritance Ordinance This is the date of drafting the will.
Since the deceased's will was drafted and signed in 1960, the The Inheritance Law, the law that applies to his will is The Inheritance Ordinance The Mandatory.
In this regard, I refer to a civil appeal 631/69 Yeshiva Midrash Porat Yosef in Israel vs. Yaakov Homi (24(2) 105).
- The instructions cannot be applied The Inheritance Law Retroactively, and therefore, the enactment of the Inheritance Law does not prejudice the rights that were granted prior to the enactment of this law, in our case - the right of the deceased to bequeath his property to his brother.
III. The deceased relied on The Inheritance Ordinance at the time of making the will, as can be seen from the wording of section 11 of his will. This reliance is sufficient to apply the The Inheritance Ordinance In this case, and not the The Inheritance Law.
- Because the instructions The Inheritance Law do not apply in the present case, then the provision of the deceased in his will in favor of M. It is not revoked upon the death of M., and the will of the deceased according to which M. Heirs half of the rights in the apartment. After his death, his defendant's daughter and heir are entitled to inherit in his place.
- Instruction Article 158 The Inheritance Law stipulates that a will made before the validity of the Inheritance Law will be valid in terms of its form and content. Therefore, the will of the deceased, which was drafted and signed before it was enacted The Inheritance Law It is valid and must be observed as it is. From here, too, it should be determined that the defendant, being M.'s heir, is entitled to half of the rights in the apartment.
- Applicability of The Inheritance Law From here on. It is not possible to attribute retroactive application to the law, which is substantive. The legislature did not intend to deprive a person of a right that was granted to him prior to the enactment of the law. The defendant evacuates To Section 22 to the Interpretation Law, which deals with the qualifications for the annulment of a law.
Another reference to civil appeal 3375/06 Camtec Systems in Tax Appeal v. State of Israel, Ministry of Defense (22.3.11) discussing the implications of the Article 25 to the Contracts Law on the interpretation of a contract made prior to the amendment and to additional case law relating to the prospective application of a law.