Court Rejects Woman's Claim to Neighbor's Estate Based on Oral Will

The Family Court in Nof HaGalil-Nazareth recently rejected a claim by a woman who asserted that her neighbor had orally bequeathed all his property to her days before he passed away in a nursing facility. Judge Mahmoud Shadafna determined that the deceased was not cognitively competent and that the procedure for a 'deathbed will' (shchiv mera) failed to meet legal requirements. Consequently, the inheritance order was granted to the deceased's cousin.

The plaintiff had claimed that, while in a critical medical condition, her neighbor expressed his wish to leave his estate to her due to their close relationship and her years of assistance. During the trial, the plaintiff passed away, and her daughter continued the litigation. The cousin, represented by his son, opposed the claim, arguing that the deceased suffered from advanced dementia at the time. A court-appointed expert confirmed the lack of cognitive competence during the relevant period.

Judge Shadafna ruled that the alleged will lacked legal validity:

«The expert determined unequivocally that the deceased suffered from advanced dementia, significant cognitive decline, lack of orientation in time and place, and loss of judgment, in a way that left no doubt that he was not competent to understand the meaning of his actions or express an independent will.»

Furthermore, the court clarified that the conditions for a 'deathbed will' were not satisfied. The alleged instruction was not given before two witnesses simultaneously, and the memorandum documenting the testator's words was prepared with significant delay and was not deposited with the Registrar of Inheritance. The judge noted that these fundamental flaws could not be cured.

The court dismissed the claim and ordered the plaintiff's daughter to pay 20,000 shekels in legal costs and attorney's fees to the cousin. The estate will be distributed according to the inheritance order.