The provision of this section is clear and clear - if a person dies before the time of his win, the provision of the will in his favor is revoked.
- The second heir died in 1973, before the time of his accession, given that the deceased, who is the first heir, died in 2023.
From the provision of section 42(c), the provision of the deceased's will in his favor is revoked.
Therefore, the defendant, as M.'s heir, has no standing to object to the deceased's will.
(See in this regard Family Appeal (Center) 56936-06-22 H.S. v. D.S. (May 28, 2023)).
- It should be noted that in the hearing before me, counsel for the defendant confirmed that it was agreed upon that the will of the deceased would have been drawn up after the enactment of the The Inheritance Law (Although, as stated, the date of drafting the will is not relevant, but rather the date of the deceased's death). Section 42(c) of the Inheritance Law the defendant does not inherit (Prot. p. 3, lines 21-22)
Conclusion
- The defendant's objection to the execution of the deceased's will is rejected.
An order to prosecute the deceased's will dated August 25, 1993 will be issued separately.
Given the result, pleadings were filed, a hearing was held - the defendant will pay the plaintiff the costs of the proceeding and attorney's fees in the total amount of ILS 15,000, plus ILS interest from today until the actual payment.
The secretariat will provide the parties and close the files in the heading.
The judgment can be published, without identifying details.
Given today, January 08, 2025, in the absence of the parties.