New York – Today’s DAF (Bava Basra 132a): Contesting a Will: Halacha Versus Secular Law

New York – There are many grounds to contest a will in the secular legal system. One of those grounds is when there is a mistake.

A mistake can be found when it is proven that the testator did not intend to include certain provisions in a will or if the testator signed the wrong will. If the testator made a will under a mistaken belief of fact, that mistake generally would not invalidate the will. For example, if the will was made because the testator erroneously believed his son was dead – that perhaps would not invalidate the will in secular.

In Torah law, this may be different. Today’s daf (Bava Basra 132a) indicates that we clearly do adjust a will based upon something called an Umdena – a clear cut assessment of what would have been the testators will had he known all the facts. If someone gave his belongings to someone else because he had heard that his child across the seas had died and that was not the case, the child still inherits the father (See Shulchan Aruch CM 246:1).
The Knesses HaGedolah, however, writes that from the Shulchan Aruch there seem to be two caveats. 1] It only applies when the heir thought to be deceased was a child 2] It does not apply when the third party is a charity rather than people.

The Mordechai 493 seems to dispute both of these caveats from our own Daf. How we actually paskin may be somewhat complex. However, we do see that according to Torah law the idea of Umdena – a clear cut assessment is the determining factor..

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