When a Gift Becomes a Burden: The Grandfather, the Apartment, and the Lesson We Can All Learn

A Promise Made in Love

He was in his eighties — a widower, a man who had built his life brick by brick, apartment by apartment. After losing his beloved wife, the center of his world became his granddaughter. She was young, vibrant, and carried the same spark he and his wife had cherished in each other.

Wanting to help her begin her own journey, he decided to give her what every young Israeli dreams of: a home of her own.

One quiet afternoon, with his lawyer’s guidance and all the right documents before him, he signed a gift agreement — complete with a clause allowing him to live there until his final day — and an irrevocable power of attorney transferring ownership to her.“I’ll still live here until my time comes,” he said with a gentle smile. “But after that — it’s yours.”

It was an act of love.And like many acts of love, it wasn’t accompanied by caution.

When Relationships Change, the Law Stays the Same

What started as a heartwarming gesture turned into a painful story. As time passed, communication between the grandfather and granddaughter broke down. Calls were fewer, visits stopped. He began to feel she had forgotten him. And so, feeling betrayed and hurt, he decided to undo what he had done - to take back the apartment.

He filed a lawsuit, asking the court to cancel his commitment to give the apartment as a gift, claiming that her behavior toward him was disgraceful, and that such conduct gave him the right to revoke the gift.

This story, which is based on a real Israeli court case, is far from unique. Family courts in Israel see many similar cases - gifts of apartments or land made out of love and goodwill, followed by regret, disappointment, and attempts to take them back.

The Court’s Decision: A Promise is a Promise

The Family Court in Haifa heard his story - and ruled against him.

The judge recognized the emotional pain but emphasized the legal principle: Once you sign an irrevocable power of attorney, you effectively waive your right to change your mind. In other words, such a signature creates a presumption that you understood the gift was final and unconditional.

The court also examined his claim that his granddaughter’s "disgraceful behavior" justified canceling the gift. But the evidence didn’t support it. The judge explained that disappointment or lack of warmth - even hurtful words - don’t automatically amount to "disgraceful conduct" under Israeli law. Only truly severe, humiliating, or cruel behavior could justify such a reversal, and that was not the case here.

In the end, the court upheld the gift. The granddaughter kept the apartment. The grandfather - and the public watching this case - were left with an important lesson.

My Take: Think Twice Before Giving a Gift You Can’t Take Back

As a real estate attorney, I’ve seen this story play out many times, in different families, with different details, but always the same theme: love, generosity, and regret.

It’s easy to act from the heart - to transfer an apartment, add a child’s name to a title, or sign an irrevocable power of attorney - especially when relationships are warm. But legal documents outlive emotions. Once you sign, you may not get a second chance.

If you’re considering gifting property to a family member, pause and think carefully. Ask yourself:

• Will this gift affect my own financial security?

• What happens if relationships change?

• Do I fully understand the legal meaning of "irrevocable"?

The Bigger Picture

This was one story among many. The Israeli legal system is full of similar cases - parents, grandparents, and even siblings who, out of love, transferred homes or land only to later realize they had signed away more than they intended.

It’s a heartbreaking intersection between family, emotion, and law - and one that teaches us a timeless truth: Before giving something that can’t be taken back, make sure you understand exactly what you’re giving.

If you’re thinking of transferring property within your family, seek advice first. These are delicate matters that mix love and law — and they deserve careful handling.

Any topic you’d like me to address? Just let me know! Office@epsteinlaw.co.il

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