A couple made mutual wills in which it was determined that upon the demise of one, the other would inherit and upon such other’s death, the children would equally inherit, with the first heir restricted from making a disposition of the testator's estate. Upon the demise of the wife, the husband inherited and made a new will in which he bequeathed all the property unequally among the children.
The Court ordered the amendment of the second will due to an error in the will. The Israeli Law of Inheritance stipulates that a will must reflect and fulfill the testator's wishes and where it is found that a will was made due to an error, the competent authority may amend the will in a manner that reflects what the testator would have instructed in his will had the error had not occurred. In the case of a mutual will that determines the order of heir after heir, the first heir may amend his will only with respect to his share. Here, the spouse mistakenly believed that upon the demise of his spouse he was entitled to do with the share he inherited as he wished, even though she had imposed restrictions on the use of her estate. Therefore, it was determined that in the second will, sections relating to the spouse's share of the property would be amended in accordance with her will.