Family Appeal (Tel Aviv) 42471-05-24 Anonymous vs. Anonymous - part 13

According to the Respondent, the provisions of the clauses in the agreement that I reviewed above indicate that "it is a gift of life, which was promised not to be withdrawn, by the registration of a warning note, while the deceased was still alive"...  and that "from the date of purchase of the apartment onwards, the respondent has partial ownership in this apartment, which is increasing, from day to day...(paragraph 5 of its arguments) or that the prenuptial agreement constitutes "a proprietary transaction that has nothing to do with inheritance matters, for their own sake" (paragraph 15 of its arguments).  With all due respect, I have found no basis for these claims of the Respondent.  The rights in the apartment were not granted to the respondent as a gift in life.  This is an apartment that is the personal property of the deceased, which was purchased before the marriage and was explicitly defined in the prenuptial agreement as an asset that will not be balanced between them, and therefore the Respondent's claim that "from the date of purchase of the apartment onwards" is not at all clear and the main point of the Respondent's claim that "from the date of purchase of the apartment" she began to purchase a partial ownership of this apartment, which is increasing "from day to day".  The prenuptial agreement, as I explained above, did not grant the appellant any proprietary rights in the apartment or in the "investment apartment" that was never purchased, neither on the date the agreement was signed nor on the date of the deceased's death (when there was no obligation on the deceased to purchase it on those dates in the period from the signing of the agreement until his death).  The only clause by virtue of which the respondent can establish its alleged right, according to its own interpretation, to receive proprietary rights in the apartment is clause 15.4 (in combination with clause 15.9 of the agreement), and this determined, as stated, that these will be granted only in the event of the death of the deceased, and hence we are dealing with a "gift due to death".