[It should be noted that the aforementioned principle of representation does not apply in the same way, when the testator leaves behind a spouse as well as parents or parents (see: sections 11(a) and 14(a) of the Inheritance Law); however, since this is not the case in our case, I did not see fit to elaborate on the matter (for more information, see, for example: The Certain Case, at paragraphs 9-13; Shilo, at pp. 153-154; Explanatory Notes to the Inheritance Bill (Amendment No. 7), 5744-1983, Government Bills 90-93; Menashe Shava, "Is the Brother Entitled to Inherit with the Spouse and Parent of the Testator? Hapraklit 37 486 (5747))].
- From the above follows the conclusion that the right of the testator's brother to inherit him depends exclusively on their status as descendants of their parents and20Their Alternatives (See: Shohat, Feinberg and Flomin, at p. 69). As detailed above, to my testator's brother None Independent Status As heirs within the framework of one of the three parentheses listed in the law; their status exists only As Substitutes of the testator's parents - that is, as those who come in their shoes - when they died before the testator.
- In our case, as recalled, the deceased died without leaving behind a spouse, nor without leaving behind children, and therefore, the deceased had no heirs in the first parentale. In this situation, as stated, in accordance with Sections 10(b) and12 According to the Inheritance Law, he was supposed to be inherited by his relatives from the Second Parentale - they were his parents. Since the deceased's parents died before him, accordingly Section 14(a) According to the Inheritance Law, their children come in their shoes - the deceased's brother, they are the appellant and the respondent.
If so, after we have clarified the Identity The heirs according to the law, I will move on to examine the manner in which the inheritance is divided between them.
- Distribution of the Inheritance among Heirs by Law
- Article 13 The Inheritance Law states that:
The testator's children share them equally, as do the testator's parents and his parents' parents among themselves.