A married couple signed a separation document stating that they had no financial claims against each other, but despite this, they remained married and did not officially divorce. The husband died without leaving a will.
The court accepted the woman’s request to inherit her former spouse due to the existence of a marriage relationship at the time of his death. The law states that in order for a person to inherit his spouse, all that will be examined is the fact that the spouses were officially married to each other at the time of the spouse’s death, with no importance being attached to the question of the nature of their relationship or the state in which they were living separately at the time of the testator’s death. Here, the spouses did indeed sign a document in which they defined their desire to separate and the separation of property between them, but they never formally divorced but only lived separately. Therefore, the woman will inherit her share of her spouse’s estate.
Authored by Adi Marcus
Published in Legal Channel 432 05.02.2025 Afik & Co. https://he.afiklaw.com/
To read the verdict, Case No. 5734-11-21, Omar Bitar v. Hani Duik
