Legal Updates

Generally a will shall be void due to unfair influence only in circumstances where the testator was dependent on the beneficiary

November 1, 2022

A woman contended that the will of her husband, who lived with her and was assisted and dependent solely on her, should be canceled, among other things, because of the unfair influence of his children when it was drafted.

The Court held that the will was duly made. Israeli law stipulates that a will made while the testator did not know how to distinguish the nature thereof is void. This is also the rule with respect to a will made due to coercion, threat, unfair influence, etc. There are four tests for examining unfair influence: "dependence and independence", "dependence and assistance", the testator's relationship with others and the circumstances of the making of the will. Here, the deceased actually lived with the wife and thus was solely dependent and helped by her, who provided for his needs. In addition, the deceased's children were not present when the will was drawn. Therefore, the will was duly drafted.