A 70-year-old man passed away leaving a will in which he canceled a previous will prepared seven years earlier and disinherited one of his daughters. The daughter contended, among other things, that the fact that her father was treated by a psychiatrist over the years shows that he was unfit to prepare the later will.
The Court held that the will is valid. In order for a person to be able to execute a will, such person must, at a time of preparing the will to be of clear mind, with free will and not under pressure or false thoughts, aware of making a will, the extent of the property and heirs under the will, and aware of the consequences of the will. Even if the testator suffered from moments, or even periods when his mind was blurred, before or after preparation of the will, if at the time that the will was made he was of sound mind, the will is valid. Here, the testator was treated by a psychiatrist over the years, but at the time of preparing the will he appeared to be fit and even signed a surgical form shortly before, which shows that doctors also considered him fit to sign a legal document at the time. Therefore, the will is valid.
Published in Afik News 290 28.08.2019