Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeThe withdrawal of the first heir from his share in the will cancels the right of secondary heirs in the situation of heir after heir
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A father commanded in his will that upon his demise all his assets would pass to his wife, the mother, and only after her demise would his assets be divided between the children in an unequal manner. After the father’s demise, the mother withdrew from the will for the benefit of her children in equal […]
Debts of a corporation established for illegal tax evasion can be attributable to those who use it for such purpose
Business, Corporate and Joint Ventures
Taxation and Government Incentives and Funding
Dispute Resolution
A tax assessment was issued to a taxpayer from income generated by illegal activity, even though the proceeds from the illegal activity were transferred directly to foreign companies that are not owned by that taxpayer. The Court rejected the taxpayer’s motion and determined that he can be held personally liable for the companies’ profits. Although […]
Offensive publication of contentions that are heard in a legal proceeding may be considered an expression of opinion in good faith
Privacy, GDPR, Confidentiality and protection of reputation
A person published that a college took public land and did not duly pay taxes, based on legal proceedings on the subject which were not yet concluded at the time. The Court did not accept the claim of defamation and determined that the publication concerning the college was permissible under the good faith defense. Israeli […]
It is not possible to postpone applicability of a prenuptial agreement of “common-law” couple, for a period after their marriage
Notarial Prenups
Notarial Services
Dispute Resolution
A “common-law marriage” couple executed a prenuptial agreement two years before their marriage. The Court rejected the motion to enforce the agreement and stated that the agreement expired with the couple’s marriage. As a rule, it is not possible to approve a prenuptial agreement concluded between the parties before their marriage and the resource balance […]
The level of difference required to prove novelty in a design will vary according to the product field and the possibilities for changes
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
Manufacturers of a head covering similar to the head covering recorded as a registered design, claimed the absence of significant innovations in the head covering recorded as a registered design and hence the absence of a place for its protection as a registered design. The Court determined that the manufacturers infringed on the registered design […]
A lessee who terminates a lease agreement without prior notice may pay damages to the lessor
Real Estate
Dispute Resolution
A lessee terminated the lease agreement due to the lessor’s failure to build a plaster wall in the leased property. The Court accepted the claim and held that the lessee unlawfully terminated the agreement and must pay damages. A materiel breach, whether agreed or apparent, grants the harmed party the right to terminate the agreement […]
An employer who terminates an employee despite being aware that she is under fertility treatments may be required to compensate
Labor Law and Immigration
Dispute Resolution
An employee was terminated while she under fertility treatments. The labor Court accepted the employee’s claim for compensation as she was terminated without obtaining a duly issued termination permit. Israeli law prohibits the termination of an employee who was absent from the workplace due to fertility treatments or in the period of 150 days after […]
