Case Number

CA 30/92

Date Decided

4-4-1992

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Facts: In 1971, the appellants’ father bequeathed to the appellants an apartment, subject to the stipulations that the apartment could not be sold or leased for a period exceeding twelve months, and that any member of his family who came to Israel would be entitled to stay or live in the apartment. In 1974, the appellants applied to the court to sell the apartment, but their application was denied by the trial court and on appeal. In 1990, the applicants applied once again to the court to sell the apartment, arguing, inter alia, that considerations of public policy should allow them to sell the apartment, since none of them had come to live in Israel as the testator had hoped. The trial court once again denied the application.

Held: The mere passage of twenty years, and general considerations of public policy, are insufficient to justify cancelling an express stipulation in the deceased’s will that prevented sale of the apartment.

Appeal denied.

Keywords

Property, Wills and Estates -- Cancellation of probate

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