ז. The family court has a unique authority to respect the testator's interest and act in accordance with his wishes. In the circumstances of the family, the deceased's wish was that his brother M. will be entitled to his share of the estate after the death of the deceased and the will of the deceased must be fulfilled.
- The plaintiff's arguments -
- The Determining Date on the Question of Whether the Provisions Apply The Inheritance Law or instructions The Inheritance Ordinance Here we are
The determining date regarding the application of the law to the estate of a deceased person is the date of his death.
- Article 157 The Inheritance Law stipulates that a person who dies before the commencement of the law will be subject to the law that was in force prior to the commencement of the law. Since the deceased died in 1969, after the Inheritance Law came into effect, then the provisions of the Inheritance Law will apply to his estate and not The Inheritance Ordinance.
III. The deceased's will includes an "heir after heir" provision, the deceased ordered that his brother M. He will inherit it after the death of his wife. The circumstances of the case must be examined in accordance with the Article 42 to the law.
- Since the deceased were married before 1974, even though the apartment was registered in the name of the deceased, the deceased was the owner of half of the rights in it by virtue of the "presumption of partnership". At most, the deceased could have bequeathed to his brother M. Half of the rights in the apartment.
- M. died in 1973, before the deceased's death. In accordance with the directive Section 42(c) According to the Inheritance Law, his right according to the deceased's will is revoked upon his death. Therefore, the only heir according to the will of the deceased is the deceased. Under these circumstances, the deceased was entitled to make a will in 1993 and bequeath her property to whomever she wished.
- Because. He lost his right to register the deceased on the date of his death in 1973, his daughter the defendant has no standing to object to the deceased's will.
ז. With regard to the defendant's claims in relation to the provisions Article 158 to the Inheritance Law and the case law cited - they are irrelevant. Article 158 The law deals with defects in a will that was drawn up on the eve of the commencement of the law. In our case, there is no dispute that the will of the deceased is valid.