Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notaries
SubscribeCorrection of a will due to mistake will be made only if the testator’s intent absent the mistake can be clearly determined
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
An heir sought to probate an earlier will of a childless testator granting him a property from the estate, contrary to a later will that revoked prior wills and distributed another apartment and funds to additional heirs. The Court granted the claim pursuant to its authority to correct wills due to mistake in order to […]
Familial proximity does not by itself rule out the existence of an employment relationship
Labor Law
Dispute Resolution
A lawyer was employed as a salaried employee in a law firm owned by her husband and the National Insurance Institute refused to pay maternity pay contending that she worked as an independent contractor, inter alia, because her salary as an employee significantly exceeded her husband’s profits, no employment contract was signed and no replacement […]
A Claim That a Contract Clause is Merely a Sham Requires a High Standard of Proof
Commercial, Banking and Financial
Dispute Resolution
An agreement for the provision of furniture transport and assembly services existed between two companies, which either party was entitled to terminate with 60 days’ notice. After several years, the transport company requested to replace the agreement with an engagement with a sister company but because the sister company required this in order to finance […]
Ownership of funds deposited into a bank account prior to adding a partner is determined by the intent behind the addition, rather than the act itself
Commercial, Banking and Financial
Domestic Relations
Notarial wills and testaments
A son was joined as a partner tohis parent’s bank account. And after their demise contended ownership of the funds in the account. The Court held that adding the son to the account was done solely for convenience and without the intention of granting him the funds as a gift. The Israeli Gift Law and […]
What to Consider When Making a Will
Wills and Estates
Notarial wills and testaments
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
An article regarding issues that should be considered when making a will, and the importance of "tailoring" a will to the measurements of the testator rather than settling for an inexperienced lawyer or a will written using an artificial intelligence system, in order to ensure that the person's will is preserved and to prevent unnecessary family disputes. The article was written by Adv. Osnat Nitai of Afik & Co.
Cancellation of general meeting resolutions due to a defect in the summons does not demand restoring the situation to its previous state in the company
Business, Corporate and Joint Ventures
Dispute Resolution
Following the passing of the controlling shareholder in a family company, two-thirds of his shares passed to his heirs, while his partner, holding one-third of the shares, remained the sole director of the company. When a dispute arose between the parties regarding the arrangement of the management structure in the company, the heirs, who had […]
The existence of defamation is determined by the message conveyed to the viewer, not by the publisher’s intent
Privacy, GDPR, Confidentiality and protection of reputation
Intellectual Property, Copyrights, Trademarks, Media and Artists
Dispute Resolution
Following a radio interview on channel 103, in which Yossi Langotsky, the father of the deep-water gas field discoveries in the Mediterranean Sea, warned against deteriorating into civil war amidst the public debate, Channel 14 personality Yaakov Bardugo delivered a monologue that same evening accusing Langotsky of threatening violence, calling for his arrest, and referring […]
