A will cannot constitute security for the repayment of a debt between the testator as a debtor and a creditor

A son sought to probate his father's will and discovered that his cousin had already probated with a false declaration that he did not know details about the deceased's children and their whereabouts, and had sold the inherited apartment to third parties on the grounds that it constituted security for a loan he had given to the deceased.
The Court held that a will is not a contract and does not constitute security for the repayment of a debt. Israeli Law of Inheritance stipulates that a will is a unilateral act and the testator may change it at any time according to his will. Any commitment to make a will, to not alter it or not to cancel it is invalid. The testator's assets and debts belong to his estate and cannot be used as security for the repayment of a debt and repayment of testator debts is possible only by way of a claim against his estate. Here, the apartment, by virtue of being recorded in the name of the deceased, is associated with his estate, with the son being the sole heir of the deceased. Therefore, the cousin was obliged to return to the estate the proceeds received from the sale of the apartment to a third party.