Uncle bequeathed fortune to nephews: one will receive more due to a mistake in the will
Judge Sagalit Ofek ruled that a mistake was made in the deceased's will. The judge noted the close relationship between the uncle and his nephew, describing it as that of a "father and son." The nieces, who attempted to profit from the error, were ordered to pay 60,000 shekels in legal costs.
The Family Court in Tel Aviv-Yafo has ordered a correction to a will due to a drafting error. A nephew will receive a house in Ness Ziona exclusively, despite a general instruction to divide the estate equally. The judge ruled that the deceased intended to bequeath the property solely to this nephew.
The nieces who opposed the claim were ordered to pay 60,000 shekels in legal costs. Judge Sagalit Ofek stated: "The nieces knew about the mistake and attempted to derive secondary profit from it."
The court ruled last week that the will of the uncle, who had no children, must be corrected. Judge Ofek ordered that the property in Ness Ziona be transferred exclusively to the nephew, Lior (a pseudonym). Consequently, Lior will receive the house in Ness Ziona and a share of an apartment in Tel Aviv, a significantly larger portion than the other heirs.
The case reached the court after the heirs requested to execute the latest will, which stated:
"I bequeath all my rights and property of any kind and type, solely to four nephews and the son of my niece, in equal parts."
Lior challenged this, requesting the execution of an earlier will signed 20 years prior, which bequeathed him the Ness Ziona property exclusively. Judge Ofek ruled that the uncle's true intentions were clear. She noted the close relationship between Lior and his uncle, akin to that of a father and son, and that the uncle had allowed the nephew to reside in the property rent-free. Furthermore, the nephew had renovated the house at a cost of one million shekels, which the judge noted the uncle would not have permitted had he not intended to bequeath the property to him.
During the proceedings, it emerged that the lawyer who drafted the later will was inexperienced and had used a standard template. The judge noted that it was uncertain whether the deceased understood the implications of the sweeping instruction, partly because he did not read Hebrew. It was also noted that the heirs had previously negotiated a division of the estate where Lior would receive the house, but the others had backed out at the last moment.
