A son who was excluded from his mother's will objected to the execution of the will due to cognitive incompetence and unfair influence over the mother.
The Court invalidated the will due to unfair influence and incompetence of the testator. The Israeli law stipulate that a will be valid only if by the time it was signed by the testator, it was qualified to distinguish its nature and also it was not subject to unfair influence, so that the will does indeed reflect its true will. Here, at the time the will was signed the mother was cognitively incompetent. In addition, she was exposed to the unfair influence of the beneficiary as she was not independent, both physically and financially, and needed assistance on a daily basis from the beneficiary who completely controlled the affairs of her property and even took advantage of the trust that the deceased placed in her. Therefore, the will was invalidated.