question:
I married my husband in 1970. He passed away about two months ago, and when we opened his will, we discovered that he had left all his property to our children, and I am not mentioned in the will at all. Do I still have a chance of receiving part of the estate?
answer:
If you believe that the manner in which the will was drawn up was unlawful - for example, if he was under undue influence, or if he was not competent to make a will - you can file an objection, within 14 days from the date of publication in the press of the filing of an application for a will enforcement order to the Rabbinical Court or the Registrar of Inheritance. If no objection is filed and/or it is rejected - the provisions of the will will be preserved. In addition, you can make an agreement between you and your children, within the framework of which you will receive a portion of the estate that will be transferred to them, to the extent that they agree to it.
question:
I'm getting married in a month and my fiancée has agreed to draw up a financial agreement, which will also regulate the issue of divorce, if our lives hit a crisis. I know that the divorce process in court can be long. Can it be shortened as part of the agreement?
answer:
The agreement may specify deadlines for submitting a qualified request for a divorce, for example, within two months from the date of leaving the home, or from the date a claim was filed with the court/tribunal.
However, as is known, according to Halacha, a divorce must be given and received willingly, and therefore, even if the agreement states that the divorce process will take place within a certain period of time, the woman can, in fact, delay it if she does not agree to accept the divorce. I will note that a financial sanction can be written into the agreement, but in any case - the court will not divorce spouses without consent.
question:
In the divorce agreement between me and my husband, which was approved by the court, it was stated that our daughter would study at a seminary. However, now that she has reached the age of 15, she has informed us that she wants to study at a religious state high school. I agree to this, but my husband is against it. Can he really force my daughter not to change her studies?
answer:
You are entitled to apply to the court that approved the agreement and request that the relevant clause be changed. The court will examine the best interests of the child. The mere fact that the type of setting is listed in the agreement does not necessarily mean that it is the best for her, and if the court is of the opinion that the minor would be better off in another school, and considering her age and understanding, it is reasonable to assume that this clause exists.
For any questions, you can contact us by email. [email protected]
Nothing in this article is intended to replace or substitute for individual legal advice. Reliance on the information is the sole responsibility of the user.
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