Case Number
LCA 5103/95
Date Decided
5-16-1999
Decision Type
Appellate
Document Type
Full Opinion
Abstract
Facts: The deceased left a will devising his estate to his sons, to be distributed among them only after the death of their mother. The sons renounced their gift under the will and, together with their mother and sister (who had not been provided for in the will), sought to inherit their intestate share by law. The executrices of the will objected.
Held: Justice Levin, with Justice Turkel concurring, held that the sons’ renunciation was clearly designed to frustrate the condition set by the will for their inheritance, namely that they would inherit only after their mother’s death. As a legal act, renunciation is subject to the good faith requirements and public policy considerations set by the Contract Law and other laws external to the Inheritance Law. The sons’ renunciation was done with a lack of good faith or contrary to public policy and is therefore invalid. Justice Mazza held that the law does not recognize an intent to disinherit an heir unless such intent is clearly and unambiguously stated in the will (distinction between exclusion and disinheritance). A beneficiary has a right to renounce, and an heir has a right to benefit from such renunciation. Because the testator did not expressly state his intention to disinherit his wife and daughter, they had a right to inherit following the renunciation.
Appeals granted by majority opinion, against the dissenting opinion of Justice E. Mazza.
Keywords
Contracts, Wills and Estates -- Disclaimers, Wills and Estates -- Disinheriting heirs, Wills and Estates -- Respecting Wishes of Testator
Recommended Citation
Levin, Shlomo; Turkel, Jacob; and Mazza, Eliahu, "Deshet v. Eliyahu" (1999). Translated Opinions. 123.
https://larc.cardozo.yu.edu/iscp-opinions/123
