"Whoever objects gets one shekel": what the Supreme Court held on such a clause in a will

Some people write a clause into their will meant to prevent quarrels: whoever objects to the will, or claims anything from the estate, will receive one shekel only. This is known as a forfeiture clause. The Supreme Court has now held that it does not apply automatically.

Two kinds of clause

One kind penalises whoever attacks the will itself, for example by claiming it is forged or was signed under pressure. Another kind also penalises whoever claims a right of their own that does not come from the will. For example, a partner who claims a share in property built up during their life together. The Supreme Court dealt with the second kind.

The case

The deceased's partner claimed her share in his company, on the basis of their shared life. She did not attack the will. The Family Court recognised her property rights, but applied the clause against her, so she lost what the will left her. The Supreme Court, in a judgment written by Justice Alex Stein, allowed the appeal and sent the case back to the Family Court, to decide which of the situations below the will falls into.

Three situations

• The testator knew the heir had a right of their own, and deliberately put a choice before them: the inheritance or the claim. The clause applies, even if the claim is reasonable and made in good faith.
• The testator was mistaken, and thought all the property was his. The court then asks what he would have wanted had he known the true situation.
• It is unclear whether he knew or was mistaken. The heir keeps their share if they prove the claim is reasonable and was made in good faith.

What it means for you

If you are writing a will and such a clause matters to you, state explicitly what you know about your family members' rights, and what choice you are putting before them. A general clause leaves the question to the court.

If you are an heir, and such a clause stands between you and a claim, do not file it before checking how the will is worded and what the testator knew. The difference between the situations can decide whether you keep the inheritance.

If you have a will with such a clause, or are considering a claim against an estate, I would be glad to read the will with you before any step.

This article is general information, not legal advice. Every case is different, and the law changes from time to time. Before acting, it is worth taking advice on your own circumstances.