'Continuing Son' Died Before Parents: Court Rules on Farm Ownership
A father of five passed away while his mother was still alive, sparking a legal dispute among his children over the ownership of a moshav farm. The court ruled that the deceased's status as a 'continuing son' remains valid.
The rights of a 'continuing son' (ben mamshich) in a farm pass to his heirs even if he passed away while his parents or one of them were still alive, the Family Court in Jerusalem has ruled. Judge Moshe Braun granted the request of four children of a 'continuing son' who died prematurely, seeking to appoint an administrator for his estate amid a dispute with another brother accused of attempting to sell the plot to criminal elements.
The father, who died in 2024, was appointed as a 'continuing son' on his grandfather's farm in a Mateh Yehuda Regional Council moshav approximately 40 years ago. His wife passed away four months before him, and the grandmother, the original farm owner, passed away only recently. The four children argued that the right did not expire upon their father's death, but rather constitutes part of his estate.
The defendant brother argued that the appointment expired because his father died while the grandmother was still alive. He stated he has managed the farm since 2000 and denied any attempt to sell the land to criminals, calling the allegations defamatory.
Judge Braun sided with the plaintiffs, explaining that once a 'continuing son' appointment is legally registered, it is considered a 'completed gift' that does not automatically expire.
'Although the gift takes effect only upon the death of the parents, the right to receive it exists for the son fully and unconditionally even during his lifetime, and the parents are not entitled to retract it or bequeath the farm to others,' the judge wrote.
He concluded that the status constitutes part of the deceased's estate and passes to his heirs. Given the bitter family dispute, the judge appointed a temporary administrator for the estate for a period of two years while the identities of the heirs and the scope of the estate are finalized. The defendant was ordered to pay 5,000 shekels in legal costs.
