A woman sought to probate her cousin’s will, under which she bequeathed her all of her property. The deceased's nephew, who resides in the United States and possess no property in Israel, filed an objection to the probate. The cousin contended that the nephew should deposit a guarantee to secure proceedings expenses.
The Court accepted the motion and held that the nephew must deposit a guarantee in the amount of ILS 37,000. When a foreign resident chooses to initiate legal proceedings in Israel, it must be examined whether he possess property in Israel from which one may be repaid at the end of the proceedings. Lack of property is a material consideration to obligate such person to deposit a guarantee, as in such case where there is an imminent concern that the other party may not be able to be repaid at the end of the proceeding, even through the Execution Bureau. Here, the nephew, who demanded to initiate the proceeding of objection to the grant of probate, is a U.S. resident who declared that he has no property in Israel under his name. Thus, he is ought to deposit a guarantee in the amount of ILS 37,000.