A woman inherited her husband's estate when his will contain a provision for heir after heir, stating the wife as the first heir, followed by the deceased's brother. In her will, the wife bequeathed to her niece, but upon her passing it turned out that the brother had passed before her. The brother’s daughter contended to be the sole heir.
The Court rejected the objection to the wife’s will and held that the right of the second heir is nullified upon his passing. Israeli law authorizes a testator to establish an arrangement of heir after heir, so that upon the passing of the first to inherit, the second shall be entitled to what remains of the estate, provided that he was eligible for it at the time of the testator's passing. However, if the second heir passes before the time of his entitlement, the provision of the will in his favor shall be nullified. Here, the testator's wife inherited first, while his brother, second in the order of inheritance, passed before her. Therefore, the woman's will should be probated.