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A will whose beneficiary was involved in its drafting shall be void towards the beneficiary

April 7, 2024
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The manager of a sheltered housing asked to recognize him as the sole successor under a will made in front of witnesses of a woman who resided in the sheltered housing he ran.

The Court ordered the annulment of the will due to improper involvement in the preparation of the will and unfair influence on the will. Israeli law stipulates that instructions in a will regarding a beneficiary who took an active part in its preparation or editing or that was present when it was made, shall be void. Here, the manager of the sheltered housing was privy to all the details of the deceased's bank accounts, brought the witnesses to the will from among the employees of the place subordinated to him, as well as the lawyer with whom he had a prior acquaintance. Therefore, the entire will is void. In addition, because this is a matter of a senior officer who betrayed the trust of his superiors, towards a vulnerable person, while taking advantage of his position and trying to benefit on the person's back, the director of the sheltered housing was ordered to pay ILS 150,000 to the State treasury and an additional ILS 25,000 in compensation to the institution he managed.