A will dated December 15,2020 (above and hereinafter also - the late will or will) was signed before the witnesses, Adv. G.B. (hereinafter also - Adv. B) and Mr. A.Y., an acquaintance of the defendant (hereinafter also - Mr. Y.) (N/2), in which the deceased ordered as follows:
"I hereby bequeath all my rights and property of any kind whatsoever, only to the following five beneficiaries: to my four nephews, Y.Z., M.Z., N.M., R.B.S., and to my niece's son, Y.M., in equal shares. This is an apartment that I own and is registered in my name on XX Street in Tel Aviv, on the 2nd floor, Block X, Plot X, Sub-Plot X, as well as all funds and/or financial rights and/or provident funds and/or study funds and/or foreign currency and/or securities that I own and are deposited in any institution and/or entity and/or in banks and/or any property of any kind and type and/or any right that belongs to me.
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This will of mine is the last and it annuls any previous will that was made."
- The nephews and the nephew's son met in the office of Adv. A.G. (hereinafter also - G.) regarding an estate division agreement in light of the provision in the late will that any previous will is revoked (hereinafter also - the revocating provision or the provision in dispute). At the end of the day, no estate distribution agreement was reached between all the nephews and the niece's son.
- Against this background, M. petitioned to issue an order to probate the late will (Estate Case 27701-09-24), while the defendant objected to this and filed an application to execute the early will (Estate Case 49628-09-24), to which R. (Estate Case 49319-09-24) and N. (Estate File 49355-09-24) objected to
The Ottoman Settlement [Old Version] 1916
- 12-34-56-78 Chekhov v. State of Israel, Piskei Din 51 (2)All proceedings were transferred to the court for decision in accordance with section 67a(a)(1) of the Inheritance Law, 5725-1965 (hereinafter - the Inheritance Law or the Law).
- In a pre-trial hearing that took place before me on January 7,2025, M. asked not to be the person behind the application for the execution of the late will. At the same time, R. and N. announced that they would stand behind the aforementioned request (ibid., p. 5, paras. 27-28,31-32; p. 6, paras. 1-2). In these circumstances, I ordered the deletion of M. as a plaintiff and the registration of N. as a plaintiff (ibid., p. 6, paras. 9-11).
- The parties submitted affidavits instead of main testimony.
On behalf of the plaintiffs, affidavits of Mr. S. S. were also submitted. M., the husband of plaintiff 2 (hereinafter also - S.); Mrs. A.A. and Ms. D.A., daughters of plaintiff 1 (hereinafter also - A. and D.); Mr. A.A., son-in-law of plaintiff 1 (hereinafter also - A); Mr. H.K. and Ms. S.S., friends of plaintiff 1 (hereinafter also - H. and S.).