Mutual Will vs. Gift: Legal Barriers to Favoring One Child Over Others

Case Overview

Our firm recently handled a complex family dispute case adjudicated in the Rishon LeZion Family Court. The case involved a father's attempt to circumvent obligations established in a mutual will executed with his late wife by transferring a moshav estate as a gift to one of his children.

The case concerned a married couple, parents to nine children, who had executed a comprehensive mutual will during their lifetime establishing clear arrangements: following the death of one spouse, the estate would remain with the surviving spouse for their maintenance and welfare. After the death of the second spouse, the estate was to be sold at fair market value, with proceeds distributed equally among all nine children.

The will explicitly stipulated that preference should be given to selling the estate to an external buyer, and only in the absence of such an option could it be sold to one of the children—provided they offered the highest amount, not less than the property's market value.

Legal Proceedings

Eight years following the mother's death, the father decided to alter the agreed arrangement. In an unexpected move, he gifted the estate to one of his children. In response, three of the siblings filed a lawsuit this past December seeking to nullify the gift transfer and requesting a temporary injunction preventing any disposition of the estate—namely, an order that would prevent completion of title registration in the son's name and, if rights had already been registered, would prevent him from transferring, selling, or encumbering the property.

Our firm, representing the objecting siblings, argued that the father's action constituted a flagrant breach of the mutual will and infringed upon the rights of the other children. The father, conversely, contended that his rights in the estate were "discretionary rights" not part of the estate, allowing him full discretion over the property.

Judicial Decision

Following thorough deliberation, the Honorable Registrar Shelly Prakash accepted our position and granted the injunction. In her decision, Registrar Prakash clarified that the father's argument contradicted the content of the mutual will, which left no room for interpretation.

The Registrar determined that "it appears that the father's desire, which has changed and no longer aligns with the will's provisions, cannot be given legal weight." She emphasized that the will not only excludes the possibility of removing the estate and changing its ownership after the first spouse's death, but explicitly addresses that the surviving spouse may use the estate "for their needs, maintenance, and welfare"—as distinguished from gifting the property to one of the children.

Media Coverage

This compelling case received coverage in an article published by YNET, highlighting how the judicial system addresses attempts to circumvent mutual wills. Attorney Daniel Wigler successfully obtained an injunction that halted the estate transfer and preserved the rights of all heirs.

Conclusions and Recommendations

This case underscores the paramount importance of precise estate planning, particularly involving valuable assets such as agricultural estates. We recommend to our clients:

1. Careful consideration of the implications of mutual wills, understanding that they restrict the surviving spouse's freedom of action.

2. Advance planning for arrangements that allow certain flexibility even after one testator's death, if such is the parties' intention.

3. Legal consultation with an attorney specializing in family and inheritance law before undertaking significant actions regarding assets subject to wills.

Meanwhile, this case continues in court regarding the fundamental question of the validity of the estate transfer, with Registrar Prakash suggesting that the parties agree to convert the temporary injunction to a permanent one.

Professional Expertise

Attorney Daniel Wigler specializes in complicated inheritance cases, especially those involving multiple legal areas and family estate disputes. His years of experience handling difficult family and inheritance cases in all court levels give him a clear understanding of the unique problems these cases present. His focus on family law also helps him deal with inheritance fights that often stem from complicated family relationships.

The Law Office of Daniel Wigler offers complete legal services for complex wills and inheritances. Clients receive effective, high-quality help through a combination of wide-ranging legal knowledge, strong legal training, hands-on experience, and the right personal skills needed to handle sensitive and complicated cases.