Legal Updates

A person’s right to draft his will as he wishes even if it may cause damage to creditors of his successor

March 10, 2024
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A man decided to leave all his money solely to his wife. His son's creditor contended that this was an attempt to avoid paying the son's debt, especially when the father was a party to the collection proceedings against the son.

The Court rejected the request. Israeli law grants an interested party to challenge the validity of a will even though he it is not a successor. However, the interested party's request will be reviewed in light of the fundamental principle of respecting the deceased’s wishes. Here, even though the creditor of the deceased's son is an interested party and even though the deceased was a party to his son's collection proceedings, the deceased's desire to take care of his wife by transferring all of his property to her overrides the right of the creditor to be repaid from the deceased's son.