| Family Court in Tel Aviv-Yafo | |||
| Estate Case 27701-09-24 B.S. et al. v. Administrator General of the Tel Aviv District et al.
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| Before | The Honorable Judge Segalit Ofek
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| Plaintiffs | 1. R.B.S.
2. P.S.M. By Attorney Merav Levy |
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Against
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| Defendants | 1. Y.Z.
By Attorney Pazit Wendel |
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Regarding the estate of the deceased: D.Z. , Deceased
Judgment
The question at hand is whether in his will of December 15,2020, did the deceased request to cancel his will of August 25,2002, or whether the provision in paragraph eight of the will of December 15,2020 originated in error?
Factual and procedural background is required for the matter
- The late Mr. D.Z. (hereinafter also - the testator or the deceased) was born in ----- and died on ----- day at the age of 93 , widowed, without children (P/3).
- The deceased had four brothers, all of whom died before him. Plaintiff 2 (hereinafter also - ), the defendant (hereinafter also - Y) and Ms. M.Z. (hereinafter also - M.) are brothers, the children of the late M., who was the twin brother of the deceased; Plaintiff 1 (hereinafter also - R.) is the defendant's cousin; Mr. Y.M. (hereinafter also - Y. m) He is a niece of the deceased.
- The deceased was registered in the Land Registry as the owner of rights in two real estate properties: an apartment located on XX Street in Tel Aviv, also known as Plot X in Block X (hereinafter also - the apartment in Tel Aviv); a detached house located on XX Street, Ness Ziona, also known as Plot X in Block X (hereinafter also - Sub-Plot 2) (P/6).
- The defendant and his wife, Mrs. A.Z. (hereinafter also - A), are registered in the Land Registry as owners of rights in a detached house located on Ness Ziona Street XX, also known as Plot X in Block X (P/7).
- The properties located in subplots 1 and 2 in Block X are connected to each other, serving as one house (hereinafter also - the property in Nes Ziona).
- The deceased left behind two wills, which are:
A will dated August 25,2002 (above and hereinafter also - the early will) was signed in front of the witnesses, the late Adv. Raanan Mizrahi and Adv. Rami Biazi (P/1), in which the deceased commanded as follows:
"A. This will applies only to my rights in the land known as a plot XIn Block X On the street XX In Nes Ziona.
- I hereby entrust all my rights in the land known as a parcel X In the Gush X On the street XX In Nes Ziona to my dear nephew YTz. ID ...
III. The rest of my estate will be distributed legally".