In short
By when and how do you contest a will in Israel?
File an objection with the Registrar of Inheritance Affairs within 14 days of the publication of the probate application on the Administrator General's website and in Reshumot; after that, an extension must be requested. Common grounds are undue influence, lack of capacity, forgery, a defect in the form of the will and a beneficiary who took part in making it, and the case then moves to the Family Court.
Who Can Object, and When
An application for a probate order is filed with the Registrar of Inheritance Affairs, who publishes a notice about it. Under the Succession Law, 5725-1965, anyone with an interest in the estate may file an objection. These are usually heirs under the law, or beneficiaries under an earlier will that the new will disadvantages. When an objection is filed, the case is transferred to the Family Court.
It is important to act early, before the order is granted. Even after an order has been granted, the court can be asked to cancel or amend it, but that route is harder.
The Deadline: 14 Days from Publication, and How Not to Lose the Right
The Registrar of Inheritance Affairs publishes every application for a probate order on the Administrator General's website and in the official gazette (Reshumot), and from the date of publication there are 14 days to file an objection, which can also be filed online. After the 14 days, an extension must be requested, and once the order has been granted, only an application to cancel or amend the order remains.
Anyone who fears that a will disadvantaging them has been or will be filed watches the publications, asks for a copy of the will and prepares the objection in advance. The objection carries a fee and is accompanied by an affidavit verified before a lawyer, with the grounds and the evidence. The process itself is explained on succession and probate orders.
Grounds for Objection
Undue influence: a situation in which another person controlled the testator's will, for example where the testator depended on that person, was isolated from others, and the beneficiary was involved in making the will. The Succession Law provides that a provision of a will made under duress, threat, undue influence, trickery or fraud is void.
Testamentary capacity: a will made when the testator could not understand the nature of a will is void. Medical records, testimony from people who knew the testator at the time and, at times, a medical opinion are examined.
Forgery and formal defects: a signature that is not the testator's, witnesses who were not present, or a will not made in the form the law requires. Not every formal defect voids a will: where there is no doubt that the will is genuine, the court may uphold it despite a defect.
An involved beneficiary: a provision of a will in favor of the person who drafted it, witnessed it or otherwise took part in making it is void, as is a provision in favor of that person's spouse.
How the Proceedings Work
Once the case is in the Family Court, the parties file pleadings and affidavits, and the court hears witnesses: the witnesses to the will, the person who drafted it and family members. When forgery is alleged, the signature is usually examined by a handwriting examiner. When capacity is challenged, the medical file and medical opinions are examined.
Many cases end in an agreement between the heirs, sometimes after mediation. It pays to reach that stage with the evidence already in order, because the evidence determines each side's strength in negotiations.
What the service includes
- Assessing the prospects of an objection
- Filing an objection with the Registrar of Inheritance Affairs
- Representation in the Family Court
- Defending a will against an objection
- Negotiations and agreements between heirs
When to contact us
- A will was presented that disadvantages you
- A relative changed a will late in life
- There is a concern that the signature on the will was forged
- An objection was filed against a will under which you benefit
What to bring to the meeting
- A copy of the will and the application for the order
- Earlier wills, if any
- The testator's medical records from the period when the will was signed
- Names of people who knew the testator at that time
Contesting a Will throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
Who may object to a will?
Under the Succession Law, anyone with an interest in the estate. These are usually heirs under the law, or beneficiaries under an earlier will that the new will disadvantages.
What is the deadline to object to a will?
Within 14 days of the day the application for a probate order was published on the Administrator General's website and in the official gazette (Reshumot). After the 14 days, an extension must be requested. So watch for the publication and prepare the objection in advance, rather than waiting until the order is granted.
How do you file an objection to a will?
With the office of the Registrar of Inheritance Affairs, which also accepts objections online through its website: a written objection with the grounds and supporting documents, an affidavit sworn before a lawyer, and a receipt for the filing fee. After filing, the Registrar transfers the case to the Family Court, where the proceedings continue.
What is undue influence?
A situation in which another person controlled the testator's will, so that the will reflects that person's wishes rather than the testator's. The courts examine, among other things, whether the testator depended on the beneficiary, whether the testator was isolated and whether the beneficiary was involved in making the will.
Can I object after a probate order has been granted?
You can ask the court to cancel or amend the order, for example when facts come to light that were not known before. That route is harder, so it is better to act before the order is granted.
What happens when a witness to the will is also a beneficiary?
A provision in favor of a person who witnessed the will, drafted it or otherwise took part in making it is void, as is a provision in favor of that person's spouse. The exception is an oral will.
