A couple drafted a mutual will, in which it was set that when one of them passed away, the other would inherit him, and upon his demise, their 8 common children would inherit. When the husband passed away, one of the sons took advantage of the distance of the other children and the mother being nursed, incompetent and dependent on him at the time, in order to prepare a new will in which he was the sole heir.
The Court invalidated the late will due to improper influence on the testator. Israeli Law of Inheritance states that a provision of a will made due to coercion, threat, unfair influence, trickery or fraud, as well as one that entitles the person who prepared it, or otherwise took part in its preparation, shall be annulled. Here, the testator was legally incompetent at the time of the second will and the heir son was actively involved in the selection of the lawyer and was also present at the time of executing the will. Therefore, the second is invalid.