Conclusion
- According to the rules of inheritance according to the law, and in particular according to the principle of representation that has been established In section 14 According to the Inheritance Law, the brothers of a testator do not inherit him except as a substitute for their parents, who died before the death of the testator. The said section was adopted Sweeping The principle of the division of inheritance is based on the "races" method and not the "skull" method. According to the "races" method, the brothers come in the shoes of their parents, and inherit from the portion of the estate of the testator (their brother) that the parent theirs shall be entitled to it, and the said portion shall be divided equally among the children and surrogates of the The same parent. The result is that a brother of a testator from one parent comes in the shoes of one parent as an heir, while a brother from two parents comes in the shoes of two parents as an heir, so thatDivision of the testator's estate between His brother From both parents and His brother One parent is not necessarily equal. In addition, a person will come in shoes Ordered him As a substitute, as mentioned In the section 14(A) Law Inheritance, also If that person has left his share of the estate of The same parent.
- From all of the above, it emerges that the respondent is entitled to inherit, as a substitute for the deceased's parents, the father's full share in the deceased's estate, which stands at half of the estate; as well as half of the mother's share in the deceased's estate, which also stands at half of the estate (and therefore half of its share is a quarter); Thus, in total, the respondent is entitled to inherit three-quarters of the deceased's estate. On the other hand, the appellant is entitled to inherit as a substitute for the mother only, only half of her share, which is a quarter of the deceased's estate. In the meantime, even if the respondent withdrew from the mother's estate after her death, this does not change his entitlement to inherit the deceased as the mother's successor.
The result, therefore, is that the appeal should be dismissed, and this is how I would recommend to my colleagues to instruct.
- In view of all of the above, I would suggest to my colleagues that we dismiss the appeal, while charging the appellant with the respondent's expenses in the sum of 10,000 NIS.
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