Inheritance Forum Questions
Can a will contain an instruction to perform an illegal act?
No! Such an instruction will be cancelled.
Can a will contain an instruction to perform an immoral act?
Can a will contain an instruction to perform an impossible act?
No. Such an instruction will be cancelled.
Can a will contain an instruction to perform an act which is against the public good?
Is a will which leaves property to a person who murdered another and then commits suicide valid?
Yes. The will is valid because there is no connection between the validity of the will and the beneficiary's criminal act. The beneficiary's heirs will receive his part.
Is an instruction in a will that says an heir must settle in Israel to get his share of the inheritance, regarded as being against the public good?
No! An instruction in the will whose aim is to bring Jews to Israel i.e. to settle there is not regarded as being against the public good.
Is an instruction in a will saying that a beneficiary's inheritance is conditioned on him/her not divorcing regarded as moral?
Yes, it is both moral and legal and , therefore, valid.
Will an instruction in a will which favours a beneficiary whose committed a crime against the testator , a moral instruction?
No! It is immoral and , therefore, cancelled.
Is an instruction in a testator's will that a minor child will not get any part of the estate a valid instruction?
Yes!
Is a preference for one child above another in a will immoral?
No! A legitimate preference of a testator in favour of one of his children is moral and legally valid.
Is a minor child who was left out of his late father's will entitled to maintenance from the estate?
Yes.
Is an unequal division of property grounds for a will being cancelled or declared void?
No! Bequeathing property in a way that expresses discrimination or injustice is not a ground for cancellation of a will under the Inheritance Law of 1965.
Is a will that is regarded as totally unreasonable or unthinkable allowed?
Yes! Lack of reasonableness or logic is not a ground for cancellation of a will under the Inheritance Law of 1965.
If a will contains unusual wording or phraseology could it be cancelled or void because of this?
No! Unusual or unorthodox wording or phraseology is not a ground for cancellation of a will and no standard format is required by the Inheritance Law of 1965. The will must be clear, however.
Can a will which contained instructions regarded as immoral when it was written actually be valid , and enforced?
Yes! If by the time application for probate is made the instructions in the will are no longer regarded as immoral, according to public regulations, then it can be valid and enforced.
Can a beneficiary under a will which contains illegal instructions in his favour wait until the law changes, so that they become legal, before requesting probate?
Yes! There is nothing preventing a beneficiary waiting until the legislators change the law before applying for an order enforcing the will, which contained previously illegal instructions, which have been legalized.
Is an instruction in a will ruling out or limiting an heir's right to maintenance valid?
No! The 1965 Inheritance Law specifically states that such an instruction is not valid, and is cancelled.
Is a will which , when made, granted property to beneficiaries who were already dead, valid?
No! The Inheritance Law of 1965 only permits a testator to bequeath property to persons who are alive when he makes his will, except for exceptions listed.
Does the refusal of a beneficiary to obey the will's conditions under which he is to benefit prevent the instructions being carried out?
No – because under them he can inherit once he ceases to refuse to fulfil them.
Is a conditional bequest in a will dependent on a beneficiary converting to another religion valid?
No – such an instruction is illegal and invalid, because it is contrary to public regulations.
Is it possible to override the provisions of the Trustee Act of 1979, and set up a fund for educational scholarships in one's will?
No – this can only be done by way of a special foundation set up according to the act, which cannot be overridden by the provisions of a will.
Could a beneficiary under a will lose what the testator bequeathed him because he disobeys its provision forbidding him from opposing his instructions – and saying that he will forsake his inheritance if he does so?
Not if his opposition is made in good faith, and is based on worthy grounds. A beneficiary who is instructed under the will not to oppose it, as a condition of his inheritance under it, is entitled to oppose it if he acts in good faith and states his grounds , without risking losing what he is supposed to gain under it.
What is the relevant point by which an instruction in a will be regarded as illegal or not?
The law at the time of probate – not when the testator made the will, because the law could change in either direction making a legal instruction legal, or vice versa .
What happens when the testator makes a will bequeathing property to a charity but by the time he dies and probate is granted, it no longer exists?
It is possible to transfer the bequest to a charity with a similar aim.
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