The article was written in collaboration with Obiter
Maestro Tzvika Peak passed away last August. As an acclaimed creator and singer, with a career spanning decades, Peak left behind an inheritance valued at millions of shekels. A few days after his death, the details of the will were revealed, from which it emerged that the creator chose to divide his entire inheritance between his two minor children and not to leave anything to his three older children, Benelli, Sharona and Daniela. Although the content of the will raised doubts, the assumption was that his adult children agreed with the maestro’s way and with his choice to bequeath all his property to his minor children, because they do not need his money financially.
In the months that have passed since the will was revealed, a real world war broke out between all of Peak’s associates and it seems that this is only the beginning. His young ex-wife, Shira Manor, the mother of his minor children, was also found outside the will.
His daughter Daniela Peak (Tarantino) is intended, at her father’s request, to serve as the administrator of his estate, something that provoked Manor’s opposition. But while the parties are negotiating on this issue, added to the cauldron is the eldest son, Benli, who together with his mother, Pick’s first ex-wife, Mirit Shem-Or, filed an objection to his father’s will. The son and the mother demand to uphold Pick’s previous will, in which he divided his property in different parts among all the children. According to them, the moment for resistance stems from new and difficult revelations against Manor. Manor, in response, is expected to oppose their position. It is not yet known if Benelli’s sisters, Daniela and Sharona, will join his position and also oppose the execution of the will.
For more details about Attorney Yael Ben David click here
The story of the Peek family, which has now entered the legal phase of its dispute, illustrates the importance of the way we make a will. Is it possible to make a will and make sure that it will not be possible to oppose it?
After a person’s death, the law of inheritance establishes two options in which the heirs can inherit the deceased: one is by decree of inheritance, that is, distribution according to the law of inheritance when the spouses and children of the deceased are the main beneficiaries of his estate. The second is in the execution of a will, that is, in the execution of the will of the deceased, which dictates his will for the distribution of the property among the heirs. The will can be drawn up in 4 ways: by hand, with witnesses, before an authority and orally.
We can never completely eliminate the chance that someone will contest the will. There will always be someone who will be disappointed with the will and the inheritance they received, especially when it comes to an estate worth millions of shekels. At the same time, it is possible to reduce the chance of objection and beyond that, it is possible to prevent the possibility that the objection will actually be accepted in court.
How can this be done? Strictly following the instructions for writing a will. The involvement of a lawyer specializing in wills, inheritances and inheritance disputes, when drafting the will, will help with this. A professional attorney with experience in the field of knowledge to verify that the will represents the will of the writer of the will and that he is not acting under pressure or coercion from one or another person.
And if there is concern about the testator’s competence, an attorney specializing in the field knows how to obtain a medical certificate from a qualified doctor (psychogeriatrician) who will testify that the testator is competent to sign a will and even document the status of the signature.
Here is the place to emphasize, that even if a person is not satisfied with the will that his loved one left, and is not satisfied with the scope of the inheritance he received as part of the will, it does not indicate that there was a flaw in its editing. Objecting to a will does not automatically invalidate the will. On the contrary, several tests will be required, according to the ruling, and a particularly high level of proof, in order for the courts to appeal to that heir’s objection and annul the will.
You are invited to contact attorney Yael Ben David, she has extensive experience in the field and you will receive guidance.
57 Derech Ha-Atzmaat, Haifa. Tel: 07-33246767
Mobile: 054-5653999
Fax: 04-8620566
The article is courtesy of the legal portal obiter.co.il
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The article was written in collaboration with Obiter