Family Appeal Request 3758-05-26 Anonymous vs. Anonymous

Family Appeal Request 3758-05-26

Judgment

Judge Alex Stein:

1. We have before us an application for leave to appeal against the judgment of the Tel Aviv-Jaffa District Court (Justices v. Shilo, A. Wizenblit and Eliyahu) which was granted on February 23,2026 inFamily Appeal 23006-06-25 [Nevo] and in Family Appeal 23150-06-25, in which the Respondents' appeal was partially accepted and the Applicant's appeal against the judgment of the Tel Aviv-Jaffa Family Court (Judge A. Shani) which was given on April 24,2025 was rejectedFamily file 62952-05-20 [Nevo] and inestate file 59241-10-20 [Nevo].

Our Sugya

2. Under what conditions will a "disposal clause" be enforced in the will against a beneficiary according to the will that he filed a claim concerning the assault on the mass of the estate? This is in the manner in which the beneficiary will be removed from his share of the estate. More precisely and in accordance with the circumstances of the case before us: when the claim of the winner that attacks the mass of the estate is a reasonable claim that was filed in good faith - will the liquidation clause be applied against the winner, or not?

The Normative Framework

3. Before I delve into the facts of the case before us and the arguments of the parties, I will preface and elaborate on the matter of various types of dismissal clauses, which sometimes appear in wills, and I will present the rules of law that determine when such clauses are valid and when they will be invalidated.

Stipulation of Withdrawal - What is it?

4. A dismissal stipulation is a provision in a will that instructs the testator that a beneficiary under the will who initiates an application to the judicial courts in relation to the will, in a manner that may impair the validity of the will or its realization, will lose his share of the testator's estate (see: Yoram Rabin, Alon Rhodes, "Disposal Stipulations in a Will, " Yoram Danziger 596 (Limor Zer-Gutman, Ido Baum eds., 2019) (hereinafter: Rabin and Rhodes)). In Anglo-American law, such stipulations were called in-terrorem - a metaphor that comes to reflect the terror that the testator imposes on the beneficiary according to his will who dares to disobey him (see, among the plural: Ackerman v. Genevieve Ackerman Fam.  , 908 A.2d 1200,1202-1204 (D.C. 2006); see also Restatement (Third) of Property (Wills and Other Donative Transfers) § 8.5 (2003)) (hereinafter: the U.S. Statement)).
5. The Ottoman Settlement [Old Version] 1916 Sections 43-45 of the Inheritance Law, 5725-1965 (hereinafter: the Law or the Inheritance Law), regulate the matter of terms in a will in general. Section 43 of the Law deals with conditions that are attached to a will; Section 44 of the Law deals with a terminating condition in a will; while section 45 of the Law deals with heir obligations (see: Shmuel Shilo, Commentary on the Inheritance Law, 5725-1965 391,401,405 (Vol.  1,1995) (hereinafter: Shilo)).

12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)

6. A terminating condition in a will means that a certain person is the beneficiary according to the will, but in the event of a certain event or when a certain date arrives, as stipulated in the will, that person's right will expire and another heir will inherit in his place (see: Shiloh, at p. 401).

Thus states Section 44(a) 30The Inheritance Law: